The article discusses the transnational legal processes in the field of human rights law und focusses on scandalizing and political processes, in which transnational legal norms are formed. The conclusion is that also on the global level an institution exists which performs as a structural coupling between the political and judicial systems: a (Global) Constitution. In a different way, however, than in drafts of the world constitution as a „constitution of a global minimal state“ or the world constitution as a „constitution of a world federation“ such a functional analysis limits itself to observe which functions the actual legal programs and structures obtain. Consequently, art. 38 of the Statutes of the ICJ, the fundamental human rights falling under the principles of ius cogens and erga omnes, the prohibition of the use of force and intervention, can be perceived as a functional aquivalent to a constitution, without deriving legitimization claims from the existence of a functional Global Constitution.