Treaties In Parliaments And Courts PDF Download
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Author | : FELIX. LANGE |
Publisher | : |
Total Pages | : 0 |
Release | : 2024-03-28 |
Genre | : Law |
ISBN | : 9781035324347 |
Download Treaties in Parliaments and Courts Book in PDF, ePub and Kindle
Highlighting the close relationship between foreign relations law and international law, this impressive book places parliament and domestic courts' engagement with treaties at the heart of its inquiry. It presents a timely assessment of the impact that different rules of constitutional law have on parliamentary and judicial approaches to treaties in four different states (Germany, India, South Africa and the US), thereby incorporating valuable comparative dimensions. With intellectual rigour, Felix Lange demonstrates how diverse conceptions of foreign relations law affect whether parliaments act as promoters, shapers or translators of human rights treaties, the Rome Statute to the International Criminal Court, and climate change treaties. Lange not only analyses the ways in which domestic courts rely on treaties through consistent interpretation and direct application, but also how they may dismiss treaty provisions as non-self-executing or employ the concept of non-justiciability in matters of foreign affairs. Ultimately, Lange embraces the view that parliaments and courts are being increasingly heard and suggests that their voices should become even louder. This book will prove indispensable to academics and students interested in law and politics, public international law and constitutional law. Legal practitioners with a keen interest in these areas will similarly benefit from the connections drawn between international law and constitutional law.
Author | : Matthew Saul |
Publisher | : Cambridge University Press |
Total Pages | : 417 |
Release | : 2017-10-12 |
Genre | : Law |
ISBN | : 110718374X |
Download The International Human Rights Judiciary and National Parliaments Book in PDF, ePub and Kindle
Saul, Follesdal and Ulfstein examine in detail the interplay between national parliaments and the international human rights judiciary.
Author | : Felix Lange |
Publisher | : Edward Elgar Publishing |
Total Pages | : 353 |
Release | : 2024-03-14 |
Genre | : Political Science |
ISBN | : 1035324350 |
Download Treaties in Parliaments and Courts Book in PDF, ePub and Kindle
Highlighting the close relationship between foreign relations law and international law, this impressive book places parliament and domestic courtsÕ engagement with treaties at the heart of its inquiry. It presents a timely assessment of the impact that different rules of constitutional law have on parliamentary and judicial approaches to treaties in four different states (Germany, India, South Africa and the US), thereby incorporating valuable comparative dimensions.
Author | : Eric E. Bergsten |
Publisher | : Springer Science & Business Media |
Total Pages | : 151 |
Release | : 2013-12-01 |
Genre | : Law |
ISBN | : 9401505039 |
Download Community Law in the French Courts Book in PDF, ePub and Kindle
The European Communities are only two decades old. The most important of the three Communities, the European Economic Community (EEC), is even younger, having come into existence in 1958. 1 Two decades have been hardly enough time to have more than reached, much less settled, the impor tant questions of the relationship between Community law and institutions and those of the Member States. Among the most challenging of the questions is the extent to which the courts of the Member States will fulfill the obligation of safeguarding the rights created by the Treaty of Rome in favor of private persons, both indivi dual and corporate, an obligation which the Court of Justice of the European Communities has said rests upon the national courts. This obligation flows naturally, though not necessarily, from the commitment of the Court of Justice to an effective Community. However, the result depends on that commitment, and there is a natural concern that the national courts may not share the commitment to an effective Community to a degree necessary to fulfill their obligations under Community law as those obligations have been defined by the Court of Justice. In order to fu1fi11 their obligations to Community law the courts of the Member States will have to solve some serious problems, and do it with comparatively little help from the Court of Justice.
Author | : Dermot Hodson |
Publisher | : Cambridge University Press |
Total Pages | : 355 |
Release | : 2018-08-09 |
Genre | : Law |
ISBN | : 110711215X |
Download The Transformation of EU Treaty Making Book in PDF, ePub and Kindle
Investigates the struggle between governments, parliaments, the people and courts over who participates in EU treaty making.
Author | : David Haljan |
Publisher | : Springer Science & Business Media |
Total Pages | : 335 |
Release | : 2012-10-30 |
Genre | : Law |
ISBN | : 9067048585 |
Download Separating Powers: International Law before National Courts Book in PDF, ePub and Kindle
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.
Author | : Kōnstantinos P. Oikonomidēs |
Publisher | : Council of Europe |
Total Pages | : 28 |
Release | : 1993 |
Genre | : Law |
ISBN | : |
Download The Relationship Between International and Domestic Law Book in PDF, ePub and Kindle
On cover: Collection: Science and technique of democracy
Author | : Matthew Saul |
Publisher | : Cambridge University Press |
Total Pages | : 417 |
Release | : 2017-10-12 |
Genre | : Political Science |
ISBN | : 1316878465 |
Download The International Human Rights Judiciary and National Parliaments Book in PDF, ePub and Kindle
The emerging international human rights judiciary (IHRJ) threatens national democratic processes and 'hollows out' the scope of domestic and democratic decision-making, some argue. This new analysis confronts this head on by examining the interplay between national parliaments and the IHRJ, proposing that it advances parliament's efforts. Taking Europe and the European Court of Human Rights as its focus - drawing on theory, doctrine and practice - the authors answer a series of key questions. What role should parliaments play in realising human rights? Which factors influence the effects of the IHRJ on national parliaments' efforts? How can the IHRJ adjust its influence on parliamentary process? And what triggers the backlash against the IHRJ from parliaments and when? Here, the authors lay foundations for better informed scholarship and legal practice in the future, as well as a better understanding of how to improve the effectiveness and validity of the IHRJ.
Author | : Tom Ginsburg |
Publisher | : Cambridge University Press |
Total Pages | : 407 |
Release | : 2012-02-27 |
Genre | : Law |
ISBN | : 1107020565 |
Download Comparative Constitutional Design Book in PDF, ePub and Kindle
Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
Author | : Alice Donald |
Publisher | : Oxford University Press |
Total Pages | : 369 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0198734247 |
Download Parliaments and the European Court of Human Rights Book in PDF, ePub and Kindle
Through empirical assessment of the role of the parliaments of the UK, the Netherlands, Germany, Ukraine, and Romania, this book addresses the theme of how engaged parliaments are and should be, in the implementation of judgments of the European Court of Human Rights.