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The Double-Facing Constitution (Hardcover)
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The Double-Facing Constitution (Hardcover)
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This collection explores some of the many ways in which
constitutional orders engage with, and are shaped by, their
exteriors. Constitutional and legal theory often marginalize
'foreign' elements, such as norms originating in other legal
systems, the movement of individuals across borders, or the
application of domestic law to foreign affairs. In The
Double-Facing Constitution, these instances of boundary crossing
lie at the heart of an alternative understanding of constitutions
as permeable membranes, through which norms can and sometimes must
travel. Constitutional orders are facing both inwards and outwards
- and the outside world influences their interiors just as much as
their internal orders help shape their surroundings. Different
essays discuss the theoretical and historical foundations of this
view (grounded in Kelsen, Hobbes, Locke, Rousseau and others), and
its contemporary relevance for areas as diverse as migration law,
the conflict of laws, and foreign relations law.
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