Separating Powers: International Law before National Courts by David Haljan (Eng

Description: Separating Powers: International Law before National Courts by David Haljan 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. FORMAT Paperback LANGUAGE English CONDITION Brand New Publisher Description 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. Back Cover 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. In this book the author considers that specific issue. In contrast to other studies on domestic courts applying international law, the authors constitutional orientation focusses on the presumptions concerning the distribution of state power. He 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. What follows is a constitutional asymmetry between international law and national law generating an inevitable dualism which cannot necessarily be overcome by express constitutional provisions accommodating international law. The separation of powers thus frames the two principal horizons for any future, practicable attempts at integrating of the two legal orders. Either established concepts of constitutional law and constitutionalism will have to be revised, or what international law may do within a municipal legal system will have to be recalculated. This book offers new insight and new approaches in dealing with international law questions before domestic courts. It is an interesting work of reference and a basis for further debate on this topic among academics and practitioners in the fields of international and constitutional law. David Haljan is a Senior Research Fellow with the Institute of Constitutional Law, University of Leuven Table of Contents Making Introductions.- International Law and the Separation of Powers.- Treaties and Law-Making Power.- Customary International Law and Judicial Power.- Separating Powers?. Feature The first major (and comparative) study of applying international law in domestic contexts from a constitutional and separation of powers perspective Its approach to the issue from a constitutional law, rather than an international law, perspective highlights the problem areas preventing a seamless application of international law in domestic contexts A significant effort in comparative law, collecting relevant cases and outlining judicial practice in two major non-English-speaking continental legal systems, and in the two major common law systems Details ISBN9067049581 ISBN-10 9067049581 ISBN-13 9789067049580 Format Paperback Author David Haljan Short Title SEPARATING POWERS INTL LAW BEF Language English Media Book DEWEY 342 Imprint T.M.C. Asser Press Place of Publication The Hague Country of Publication Netherlands Edition 2013th Illustrations XIV, 326 p. Pages 326 Publisher T.M.C. Asser Press Edition Description 2013 ed. Year 2014 Publication Date 2014-11-09 Alternative 9789067048576 Audience Professional & Vocational We've got this At The Nile, if you're looking for it, we've got it. With fast shipping, low prices, friendly service and well over a million items - you're bound to find what you want, at a price you'll love! TheNile_Item_ID:96378857;

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