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The Constitution as Treaty - The International Legal Constructionalist Approach to the US Constitution (Paperback): Francisco... The Constitution as Treaty - The International Legal Constructionalist Approach to the US Constitution (Paperback)
Francisco Forrest Martin
R915 Discovery Miles 9 150 Ships in 12 - 17 working days

The Constitution as Treaty transforms the conceptualization of US constitutional law by exploring the interpretive implications of viewing the US Constitution as a treaty. It argues that federal courts constitute an international tribunal system, and, as such, their jurisdiction is governed by international law enabling them to exercise judicial review authority and undercutting much of the judicial activist critique. The Constitution as Treaty continues with an examination of what is international law and its major interpretive principles in order to set the stage for examining how different sources and principles of international law are intrinsically integrated into US constitutional law and, thereby, are available to federal courts for deciding cases. It addresses the Charming Betsy Rule, the non-self-execution doctrine, the last-in-time rule, and the proper use of customary international law and other international law sources not mentioned in Article III. The Constitution as Treaty concludes that federal courts generally must construe the United States' international legal obligations liberally.

The Constitution as Treaty - The International Legal Constructionalist Approach to the US Constitution (Hardcover): Francisco... The Constitution as Treaty - The International Legal Constructionalist Approach to the US Constitution (Hardcover)
Francisco Forrest Martin
R2,459 R1,650 Discovery Miles 16 500 Save R809 (33%) Ships in 12 - 17 working days

The Constitution as Treaty transforms the conceptualization of US constitutional law by exploring the interpretive implications of viewing the US Constitution as a treaty. It argues that federal courts constitute an international tribunal system, and, as such, their jurisdiction is governed by international law enabling them to exercise judicial review authority and undercutting much of the judicial activist critique. The Constitution as Treaty continues with an examination of what is international law and its major interpretive principles in order to set the stage for examining how different sources and principles of international law are intrinsically integrated into US constitutional law and, thereby, are available to federal courts for deciding cases. It addresses the Charming Betsy Rule, the non-self-execution doctrine, the last-in-time rule, and the proper use of customary international law and other international law sources not mentioned in Article III. The Constitution as Treaty concludes that federal courts generally must construe the United States' international legal obligations liberally.

International Human Rights and Humanitarian Law - Treaties, Cases, and Analysis (Paperback): Francisco Forrest Martin, Stephen... International Human Rights and Humanitarian Law - Treaties, Cases, and Analysis (Paperback)
Francisco Forrest Martin, Stephen J. Schnably, Richard Wilson, Jonathan Simon, Mark Tushnet
R2,070 Discovery Miles 20 700 Ships in 12 - 17 working days

International Human Rights and Humanitarian Law: Treaties, Cases, and Analysis introduces the reader to the international legal instruments and case law governing the substantive and procedural dimensions of international human rights and humanitarian law, including economic, social, and cultural rights. The book, which was originally published in 2006, also discusses the history and organisational structure of human rights and humanitarian law enforcement mechanisms. A chapter is devoted a chapter to the issues surrounding the incorporation of international law into U.S. law, including principles of constitutional and statutory interpretation, conflict rules, and the self-execution doctrine. Questions and comments sections provide critical analyses of issues raised in the materials. The last chapter addresses theoretical issues facing contemporary international human rights and humanitarian law and its enforcement.

International Human Rights and Humanitarian Law - Treaties, Cases, and Analysis (Hardcover, New): Francisco Forrest Martin,... International Human Rights and Humanitarian Law - Treaties, Cases, and Analysis (Hardcover, New)
Francisco Forrest Martin, Stephen J. Schnably, Richard Wilson, Jonathan Simon, Mark Tushnet
R3,067 R2,419 Discovery Miles 24 190 Save R648 (21%) Ships in 12 - 17 working days

International Human Rights and Humanitarian Law: Treaties, Cases, and Analysis introduces the reader to the international legal instruments and case law governing the substantive and procedural dimensions of international human rights and humanitarian law, including economic, social, and cultural rights. The book, which was originally published in 2006, also discusses the history and organisational structure of human rights and humanitarian law enforcement mechanisms. A chapter is devoted a chapter to the issues surrounding the incorporation of international law into U.S. law, including principles of constitutional and statutory interpretation, conflict rules, and the self-execution doctrine. Questions and comments sections provide critical analyses of issues raised in the materials. The last chapter addresses theoretical issues facing contemporary international human rights and humanitarian law and its enforcement.

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