The Constitution as Treaty

This book specifically examines how federal courts are international courts and as international courts, how they can directly apply international law and construe federal law in conformity with international law.

Author: Francisco Forrest Martin

Publisher: Cambridge University Press

ISBN: 9781107407848

Category: Law

Page: 230

View: 154

The Constitution as Treaty addresses U.S. constitutional interpretation from a novel, yet originalist perspective: the U.S. Constitution is a treaty. As a treaty, the Constitution must be construed in conformity with the United States' international legal obligations. This book specifically examines how federal courts are international courts and as international courts, how they can directly apply international law and construe federal law in conformity with international law. Most importantly, The Constitution as Treaty demonstrates that the federal courts' authority to review the constitutionality of federal and state law is based on international law.

The Constitution of European Democracy

Grimm argues that this has left the EU with a democratic deficit leading to the alienation of citizens. This book highlights Europe's democracy problem.

Author: Dieter Grimm

Publisher: Oxford University Press

ISBN: 0198805128

Category: Law

Page: 273

View: 194

Europe is in crisis. With rising unrest among citizens of EU member states exemplified by the UK's decision to leave the EU, and the growing popularity of anti-EU political parties, Dieter Grimm presents the argument that Europe has to change its method of further integration or risks failure. This book, containing essays many of which have not been published in the English language to date, explores how the EU has become over-constitutionalized. Grimm argues that this has left the EU with a democratic deficit leading to the alienation of citizens. This book highlights Europe's democracy problem. The most prominent argument running throughout is that the EU and its decision-making processes have become over-constitutionalized. This is due to the constitutionalization of European treaties, which has occurred by raising them to the eminence of a constitution as a result of the jurisprudence of the European Court of Justice. However, the treaties contain provisions that would be ordinary law in member states. The fact that they enjoy constitutional status in Europe detaches them from the democratic processes in the member states and the EU itself, and contributes to the growing independence of the EU's executive and judicial institutions.--

Federalism Democratization and the Rule of Law in Russia

This book examines the public debates, official documents and political deals that built Russia's federal house on very unsteady foundations, often out of the ideological, conceptual and physical rubble of the ancien régime.

Author: Jeffrey Kahn

Publisher: OUP Oxford

ISBN: 0191529966

Category: Political Science

Page: 340

View: 362

Combining the approaches of three fields of scholarship - political science, law and Russian area- tudies - the author explores the foundations and future of the Russian Federation. Russia's political elite have struggled to build an extraordinarily complex federal system, one that incorporates eighty-nine different units and scores of different ethnic groups, which sometimes harbor long histories of resentment against Russian imperial and Soviet legacies. This book examines the public debates, official documents and political deals that built Russia's federal house on very unsteady foundations, often out of the ideological, conceptual and physical rubble of the ancien régime. One of the major goals of this book is, where appropriate, to bring together the insights of comparative law and comparative politics in the study of the development of Russia's attempts to create - as its constitution states in the very first article - a 'Democratic, federal, rule-of-law state'

Treaties and Federal Constitutions

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations.

Author: James McLeod 1919- Hendry

Publisher: Hassell Street Press

ISBN: 9781015240667

Category:

Page: 200

View: 324

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The Treaty Power Under the Constitution of the United States

"Commentaries on the treaty clauses of the Constitution; construction of treaties; extent of treaty-making power; conflict between treaties and acts of Congress, state constitutions and statutes; international extradition; acquisition of ...

Author: Robert Thomas Devlin

Publisher:

ISBN:

Category: Constitutional law

Page: 942

View: 378

"Commentaries on the treaty clauses of the Constitution; construction of treaties; extent of treaty-making power; conflict between treaties and acts of Congress, state constitutions and statutes; international extradition; acquisition of territory; ambassadors, consuls and foreign judgments; naturalization and expatriation; responsibility of government for mob violence, and claims against governments. With appendices containing regulations of Department of State relative to extradition of fugitives from justice, a list of the treaties in force, with the international conventions and acts to which the United States is a party, and a chronological list of treaties.


Governing Europe under a Constitution

The volume contains articles from high-ranking experts from politics and academia of different Member States about the basic principles of the actual constitutional law of the European Union and its need of reform through a Constitution for ...

Author: Herm.-Josef Blanke

Publisher: Springer Science & Business Media

ISBN: 9783540240426

Category: Law

Page: 566

View: 557

The volume contains articles from high-ranking experts from politics and academia of different Member States about the basic principles of the actual constitutional law of the European Union and its need of reform through a Constitution for Europe. By analysing the rules to govern a Europe of 25 and in time 28 and more Member States the publication intends to make a contribution to the emerging "Ius Publicum Europaeum".

Constitutions and the Commons

The book concludes by discussing how federal systems without sufficient national constitutional authority over resources may be strengthened by adopting the approach of federal constitutions that facilitate more robust national level inputs ...

Author: Blake Hudson

Publisher: Routledge

ISBN: 1136661816

Category: Law

Page: 275

View: 975

Constitutions and the Commons looks at a critical but little examined issue of the degree to which the federal constitution of a nation contributes toward or limits the ability of the national government to manage its domestic natural resources. Furthermore it considers how far the constitution facilitates the binding of constituent states, provinces or subnational units to honor the conditions of international environmental treaties. While the main focus is on the US, there is also detailed coverage of other nations such as Australia, Brazil, India, and Russia. After introducing the role of constitutions in establishing the legal framework for environmental management in federal systems, the author presents a continuum of constitutionally driven natural resource management scenarios, from local to national, and then to global governance. These sections describe how subnational governance in federal systems may take on the characteristics of a commons – with all the attendant tragedies – in the absence of sufficient national constitutional authority. In turn, sufficient national constitutional authority over natural resources also allows these nations to more effectively engage in efforts to manage the global commons, as these nations would be unconstrained by subnational units of government during international negotiations. It is thus shown that national governments in federal systems are at the center of a constitutional 'nested governance commons,' with lower levels of government potentially acting as rational herders on the national commons and national governments potentially acting as rational herders on the global commons. National governments in federal systems are therefore crucial to establishing sustainable management of resources across scales. The book concludes by discussing how federal systems without sufficient national constitutional authority over resources may be strengthened by adopting the approach of federal constitutions that facilitate more robust national level inputs into natural resources management, facilitating national minimum standards as a form of "Fail-safe Federalism" that subnational governments may supplement with discretion to preserve important values of federalism.

Conclusion Des Trait s

Treaty-making constitutes the very basis of the international legal order and influences international relations. It channels the expression by States of consent to be bound and defines the commitments they enter into.

Author: Council of Europe

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041116925

Category: Political Science

Page: 724

View: 921

Treaty-making constitutes the very basis of the international legal order and influences international relations. It channels the expression by States of consent to be bound and defines the commitments they enter into. However, the national procedures by which States express their consent to be bound vary considerably, depending on constitutional, legal, and political conditions which reflect the history of each country. The report, drawn up under the aegis of the Committee of Legal Advisers on Public International Law (CAHDI) of the Council of Europe, encompasses the practice of thirty-nine member States of this Organisation and a number of observer States. It provides comprehensive and up-to-date information about these States' means of expressing consent to be bound by a treaty. Furthermore, the analysis commissioned by the CAHDI from the British Institute of International and Comparative Law casts fresh light on this matter by inferring interesting considerations from the diversity of national procedures. With this report, the Council of Europe wishes to pursue its practical contribution to the development of international law, facilitating the mutual understanding of its member States and, thus, helping to build a stable and peaceful international community. La conclusion des traités constitue la base même de l'ordre juridique international et exerce une influence sur les relations internationales. Elle véhicule l'expression du consentement des Etats à être liés et définit les engagements qu'ils souscrivent. Cependant, les procédures nationales par lesquelles les Etats expriment leur consentement à être liés varient considérablement en fonction de facteurs constitutionnels, juridiques et politiques qui reflètent l'histoire même de chaque pays. Le présent rapport élaboré sous l'égide du Comité des Conseillers Juridiques sur le droit international public (CAHDI) du Conseil de l'Europe, expose la pratique de trente-neuf Etats membres de cette Organisation ainsi que d'un certain nombre d'Etats observateurs. Il fournit des informations complètes et à jour sur les moyens par lesquels ces Etats expriment leur consentement à être liés par un traité. En outre, l'analyse confiée par le CAHDI à l'Institut britannique de droit international et de droit comparé apporte un éclairage nouveau à ce domaine en tirant des enseignements intéressants de la diversité des procédures nationales. Par ce rapport, le Conseil de l'Europe souhaite poursuivre sa contribution pratique au développement du droit international, en facilitant la compréhension mutuelle de ses Etats membres et en contribuant ainsi à la construction d'une communauté internationale stable et pacifique.