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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.
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.
Constitutionalising Secession proceeds from the question, 'What, if
anything, does the law have to say about a secession crisis?' But
rather than approaching secession through the optic of political or
nationalist institutional accommodation, this book focuses on the
underpinnings to a constitutional order as a law-making community,
underpinnings laid bare by secession pressures. Relying on the
corrosive effects of secession, it explores the deep structure of a
constitutional order and the motive forces creating and sustaining
that order. A core idea is that the normativity of law is best
understood, through a constitutional optic, as an integrative,
associative force. Constitutionalising Secession critically
analyses conceptions of constitutional order implicit in the
leading models of secession, and takes as a leading case-study the
judicial and legislative response to secession in Canada. The book
therefore develops a concept of constitutionalism and law-making -
'associative constitutionalism' - to describe their deep structure
as a continuing, integrative process of association. This model of
a dynamic process of value formation can address both the
association and the disassociation of constitutional systems.
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