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Vol 23 No 5 May/June 2018

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Perspectives on Global Constitutionalism: The Use of Foreign and International Law by Domestic Courts

ISBN13: 9789462361133
Published: July 2014
Publisher: Eleven International Publishing
Country of Publication: The Netherlands
Format: Hardback
Price: £69.00

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This book investigates how constitutionality and internationally accepted principles of human rights influence state action. The first part reviews the limitation of sovereignty in the context of the creation, amendment and interpretation of national constitutions.

The following questions are addressed: how far has the process of the internationalization of (national) constitutional law progressed; in how far is there any willingness to accept alien, foreign, or international principles and rules. What underlies the decision by the constitutional organs of certain states to accede to such constitutional migration, and the rejection of such migration by their respective counterparts in other countries? The second part covers the constitutionalization of international human rights standards in the case law of national courts.

The author shows that the migration of constitutional ideals is not necessarily a one-way road. The phenomenon of 'reverse globalization' presents itself in Europe. The author concludes that the number of countries that are engaged with foreign and international norms is growing. Whether this will also entail the emergence of a transnational constitutionalism remains to be seen.

This book is a thorough comparative study of the use of foreign and international law by national courts. It is of interest to academics in the field of constitutional law and human rights.

Constitutional and Administrative Law, Comparative Law, Public International Law
The Internationalization of Constitutional Law: Patterns in Constitution-Making and Constitutional Interpretation
Models of Constitution-Making
Standards of International Law
'Eternity Clauses' and Unconstitutional Constitutional Amendments
Unlimited Power to Amend the Constitution
Transnationalism in Europe
The Constitution-making of the Hungarian Transition and External Impact
Normative Underpinning
Jurisprudential Aspects
Case Studies
II. The Constitutionalization of International Law: International Human Rights
International Law
National Legislation
Leading Cases
Liability of Private Actors
Jurisdiction over States.