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OverviewThe more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law. Full Product DetailsAuthor: David HaljanPublisher: T.M.C. Asser Press Imprint: T.M.C. Asser Press Edition: 2013 ed. Dimensions: Width: 15.50cm , Height: 1.80cm , Length: 23.50cm Weight: 5.153kg ISBN: 9789067049580ISBN 10: 9067049581 Pages: 326 Publication Date: 09 November 2014 Audience: Professional and scholarly , Professional & Vocational Format: Paperback Publisher's Status: Active Availability: Manufactured on demand  We will order this item for you from a manufactured on demand supplier. Table of ContentsMaking Introductions.- International Law and the Separation of Powers.- Treaties and Law-Making Power.- Customary International Law and Judicial Power.- Separating Powers?.ReviewsAuthor InformationTab Content 6Author Website:Countries AvailableAll regions |
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