Double-Facing Constitution

How do constitutions deal with 'foreignness' - with legal norms from other legal systems, with individuals from elsewhere, or with the operation of their own rules abroad? These questions, often marginal in constitutional theory, are central to this book and to the view of 'double-facing' constitutional law that it develops and illustrates.

List of contents

1. Introduction Jacco Bomhoff, David Dyzenhaus and Thomas Poole; Part I. Theoretical Foundations: 2. The Janus-faced constitution David Dyzenhaus; 3. The idea of the federative Thomas Poole; 4. Hobbes's Janus-faced sovereign Theodore Christov; 5. Jurisprudential reflections on cosmopolitan law Evan Fox-Decent; 6. From republican self-love to cosmopolitan amour-propre: Europe's new constitutional experience Alexander Somek; Part II. Border Crossings: Comity and Mobility: 7. The spectre of comity Karen Knop; 8. Constitutionalism and mobility: expulsion and escape among partial constitutions Jacco Bomhoff; 9. The inside out constitution Audrey Macklin; 10. The constitution in the shadow of the immigration state Asha Kaushal; Part III. The Foreign in Foreign Relations Law: 11. Double-facing administrative law: state prerogatives, cities and foreign affairs Geneviève Cartier; 12. The democratic challenge to foreign relations law in transatlantic perspective Helmut Philipp Aust; 13. The double-facing foreign relations function of the executive and its self-enforcing obligation to comply with international law Campbell McLachlan; 14. The various faces of fundamental rights Dieter Grimm; Index.

Summary

How do constitutions deal with 'foreignness' - with legal norms from other legal systems, with individuals from elsewhere, or with the operation of their own rules abroad? These questions, often marginal in constitutional theory, are central to this book and to the view of 'double-facing' constitutional law that it develops and illustrates.

Product details

• Authors: Jacco (London School of Economics and Pol Bomhoff
• Assisted by: Jacco Bomhoff (Editor), Bomhoff Jacco (Editor), David Dyzenhaus (Editor), Dyzenhaus David (Editor), Thomas Poole (Editor), Poole Thomas (Editor)
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Paperback / Softback
• Released: 31.12.2021
• EAN: 9781108707190
• ISBN: 978-1-108-70719-0
• No. of pages: 441
• Subjects: Social sciences, law, business > Law > Public law, administrative procedural law, constitutional procedural law; LAW / Constitutional, International Relations, Public International Law, Private International Law & Conflict Of Laws, Constitutional & administrative law, Constitutional and administrative law: general, Jurisprudence & Philosophy Of Law, Methods, theory and philosophy of law, Private international law and conflict of laws