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The Double-Facing Constitution

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The Double-Facing Constitution

Name: The Double-Facing Constitution
Brand: Cambridge University Press
SKU: 9781108707190
Price: 504.40 HKD
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Author: Jacco Bomhoff; David Dyzenhaus; Thomas Poole
ISBN: 9781108707190

Edited by Jacco Bomhoff · David Dyzenhaus · Thomas Poole

Cambridge University Press July 2021

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

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Hardback

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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

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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Table of Contents

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