Perspectives of Global Constitutionalism

The book investigates the problem of how constitutionality and internationally increasingly accepted global principles of human rights can influence state action, which is still considered sovereign. International human rights regulations are of pre-eminent importance in this context since they are virtually by definition based on limitations of national constitutional law, in order to assert internationally shared constitutional principles. The first part will review the resultant limitation of sovereignty in the context of the creation, amendment, and interpretation of national constitutions, seeking to answer the question of how far the process of the internationalization of (national) constitutional law has progressed; in how far are the framers of constitutions or the courts that construe constitutions willing to accept alien, foreign, or international principles and rules. What underlies the decision by the constitutional organs of certain states to accede to such constitutional migration, and the rejection of such migration by their respective counterparts in other countries? The second part will address the constitutionalization of the small segment of international law that manifests itself in the assertion of international human rights standards in the case-law of national courts. In such instances we may refer to a limitation of national sovereignty in that jurisdiction is taken away from a state that refuses to act according to international law. Simultaneously, some sense of self-restraint also obtains here, insofar as national legal systems are willing to allow foreign citizens to bring suits in their own courts with the objective of asserting international human rights norms, whereby the accountability for rights violations become globalized.

Автор Gábor Halmai
Рiк видання 2014
Мова англійська
Кiлькiсть сторiнок 296
Кiлькiсть скачувань 6
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