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Separating Powers: International Law before National Courts (Hardcover, 2012)
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Separating Powers: International Law before National Courts (Hardcover, 2012)
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Total price: R3,517
Discovery Miles: 35 170
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The 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.
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