The Double-Facing Constitution

Author: Jacco Bomhoff; David Dyzenhaus; Thomas Poole
Publisher: Cambridge University Press
ISBN: 9781108707190

Published In: July 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781108485487

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This collection explores some of the many ways in which constitutional orders engage with, and are shaped by, their exteriors. Constitutional and legal theory often marginalize 'foreign' elements, such as norms originating in other legal systems, the movement of individuals across borders, or the application of domestic law to foreign affairs. In The Double-Facing Constitution, these instances of boundary crossing lie at the heart of an alternative understanding of constitutions as permeable membranes, through which norms can and sometimes must travel. Constitutional orders are facing both inwards and outwards - and the outside world influences their interiors just as much as their internal orders help shape their surroundings. Different essays discuss the theoretical and historical foundations of this view (grounded in Kelsen, Hobbes, Locke, Rousseau and others), and its contemporary relevance for areas as diverse as migration law, the conflict of laws, and foreign relations law.

1. Introduction

Jacco Bomhoff, David Dyzenhaus and Thomas Poole

Part I. Theoretical Foundations:

2. The Janus-faced constitution

David Dyzenhaus

3. The idea of the federative

Thomas Poole

4. Hobbes's Janus-faced sovereign

Theodore Christov

5. Jurisprudential reflections on cosmopolitan law

Evan Fox-Decent

6. From republican self-love to cosmopolitan amour-propre: Europe's new constitutional experience