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Interlocking Constitutions - Towards an Interordinal Theory of National, European and UN Law (Hardcover)
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Interlocking Constitutions - Towards an Interordinal Theory of National, European and UN Law (Hardcover)
Series: Hart Monographs in Transnational and International Law
Expected to ship within 10 - 15 working days
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The existence of interactions between different but overlapping
legal systems has always presented challenges to black letter law.
This is particularly true of the relationship between international
law and domestic law and the relationship between federal law and
the laws of individual federation members. Moreover some
organisations have created their own supranational constitutional
systems: the United Nations Charter is the best known, and is often
referred to as the 'World Constitution', but the European Court of
Justice in Luxembourg views the European Treaties as a
'Constitutional Charter' for Europe, while the European Court of
Human Rights has defined the European Convention on Human Rights as
a constitutional instrument of 'European public order'. It is in
the dynamic relationship between domestic constitutional laws, EU
law, the ECHR and the UN Charter that the most persistent
difficulties arise. In this context 'interordinal instability' not
only provokes strong academic interest, but also affects what has
been called 'governance' or 'global government' and undermines both
legal certainty and individual fundamental rights. Different
solutions - constitutionalist and pluralist - have been explored,
but none of them has received global acceptance. In this book Luis
Gordillo analyses the interordinal instabilities which arise at the
European level, focusing on three main strands of case law and
their implications: Solange, Bosphorus and Kadi. To solve the
difficulties caused by this instability Gordillo proposes a form of
soft constitutionalism, which he calls 'interordinal
constitutionalism', as a means to bring order and stability to
global legal governance. The original Spanish thesis on which this
book is based was awarded the Nicolas Perez Serrano Prize by the
Centro de Estudios Politicos y Constitucionales, for the best
dissertation in constitutional law 2009-2010.
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