The Double-Facing Constitution

Administrative / Constitutional Law › Conflict of Laws

The Double-Facing Constitution

Edited by Jacco Bomhoff · David Dyzenhaus · Thomas Poole
Cambridge University Press July 2021

Specifications

ISBN-13
9781108707190
Publisher
Cambridge University Press
Publication
July 2021
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of Contents

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
Alexander Somek
Part II. Border Crossings: Comity and Mobility:
7. The spectre of comity
Karen Knop
8. Constitutionalism and mobility: expulsion and escape among partial constitutions
Jacco Bomhoff
9. The inside out constitution
Audrey Macklin
10. The constitution in the shadow of the immigration state
Asha Kaushal
Part III. The Foreign in Foreign Relations Law:
11. Double-facing administrative law: state prerogatives, cities and foreign affairs
Geneviève Cartier
12. The democratic challenge to foreign relations law in transatlantic perspective
Helmut Philipp Aust
13. The double-facing foreign relations function of the executive and its self-enforcing obligation to comply with international law
Campbell McLachlan
14. The various faces of fundamental rights
Dieter Grimm
Index
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