TRANSCONSTITUTIONALISM, INTERNATIONAL LAW AND DOMESTIC LAW : A NEW WAY TO SEE KELSEN’S LEGAL FRAMWORK

Abstract

The development of new ways of dealing with the relationship between international law and domestic law gave rise to new theories, which, however, still lack a methodology, and, among them, transconstitutionalism. Thus, the present study intends to investigate whether the pure theory of law can assist it in this methodological construction. For this purpose, an eminently bibliographic methodology was used, using the writings of the authors of the theories under analysis and of the doctrine that comment on them. It concluded for the possibility of using the Kelsen’s legal framework, with adaptations, within the scope of transconstitutionalism.