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Treaties in Parliaments and Courts

Treaties in Parliaments and Courts
Author: FELIX. LANGE
Publisher:
Total Pages: 0
Release: 2024-03-28
Genre: Law
ISBN: 9781035324347

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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.


The International Human Rights Judiciary and National Parliaments

The International Human Rights Judiciary and National Parliaments
Author: Matthew Saul
Publisher: Cambridge University Press
Total Pages: 417
Release: 2017-10-12
Genre: Law
ISBN: 110718374X

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Saul, Follesdal and Ulfstein examine in detail the interplay between national parliaments and the international human rights judiciary.


Treaties in Parliaments and Courts

Treaties in Parliaments and Courts
Author: Felix Lange
Publisher: Edward Elgar Publishing
Total Pages: 353
Release: 2024-03-14
Genre: Political Science
ISBN: 1035324350

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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.


Community Law in the French Courts

Community Law in the French Courts
Author: Eric E. Bergsten
Publisher: Springer Science & Business Media
Total Pages: 151
Release: 2013-12-01
Genre: Law
ISBN: 9401505039

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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.


The Transformation of EU Treaty Making

The Transformation of EU Treaty Making
Author: Dermot Hodson
Publisher: Cambridge University Press
Total Pages: 355
Release: 2018-08-09
Genre: Law
ISBN: 110711215X

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Investigates the struggle between governments, parliaments, the people and courts over who participates in EU treaty making.


Separating Powers: International Law before National Courts

Separating Powers: International Law before National Courts
Author: David Haljan
Publisher: Springer Science & Business Media
Total Pages: 335
Release: 2012-10-30
Genre: Law
ISBN: 9067048585

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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 Relationship Between International and Domestic Law

The Relationship Between International and Domestic Law
Author: Kōnstantinos P. Oikonomidēs
Publisher: Council of Europe
Total Pages: 28
Release: 1993
Genre: Law
ISBN:

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On cover: Collection: Science and technique of democracy


The International Human Rights Judiciary and National Parliaments

The International Human Rights Judiciary and National Parliaments
Author: Matthew Saul
Publisher: Cambridge University Press
Total Pages: 417
Release: 2017-10-12
Genre: Political Science
ISBN: 1316878465

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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.


Comparative Constitutional Design

Comparative Constitutional Design
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 407
Release: 2012-02-27
Genre: Law
ISBN: 1107020565

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Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.


Parliaments and the European Court of Human Rights

Parliaments and the European Court of Human Rights
Author: Alice Donald
Publisher: Oxford University Press
Total Pages: 369
Release: 2016
Genre: Law
ISBN: 0198734247

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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.