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Book Cover
E-book
Author Halmai, Gábor, author

Title Perspectives on global constitutionalism : the use of foreign and international law / Gábor Halmai
Published The Hague, Netherlands : Eleven International Publishing, 2014
©2014

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Description 1 online resource (297 pages)
Contents Cover; table of contents; preface; introduction; the internationalization of constitutional law: patterns in constitution-making and constitutional interpretation; 1 the limits of constitution-makers' sovereignty; 1.1 models of constitution-making; 1.2 standards of international law; 1.3 'eternity clauses' and unconstitutional constitutional amendments; 1.4 unlimited power to amend the constitution; 1.5 transnationalism in europe; 1.6 the constitution-making of the hungarian transition and external impacts; 2 foreign and international law in constitutional interpretation
2.1 normative underpinning2.2 jurisprudential aspects; 2.3 case studies; the constitutionalization of international law: international human rights before domestic courts; 3 the universal jurisdiction in criminal law; 3.1 international law; 3.2 national legislation; 3.3 leading cases; 4 universal jurisdiction for civil litigation; 4.1 liability of private actors; 4.2 jurisdiction over states; 5 future directions; epilogue: towards global constitutionalism?; bibliography
Summary While global constitutional ideas migrate across countries, continents, agencies, and institutions, internationally accepted principles of constitutionalism and human rights influence national governments that have been able to keep their sovereignty. This book looks into the fascinating question of convergence and sovereignty by approaching the issue from various angels: the use of foreign and international law in national constitution-making and constitutional interpretation on the one hand, and the use of international human rights by domestic courts on the other. The book covers ten countr
Bibliography Includes bibliographical references
Notes Online resource; title from PDF title page (ebrary, viewed June 19, 2014)
Subject Constitutional law.
LAW -- Constitutional.
LAW -- Public.
Constitutional law
Constitutionalism.
Constitutional law.
Human rights.
Globalization.
International law and national law.
Form Electronic book
ISBN 9789460949623
9460949622
9462361134
9789462361133