Part I. The internationalization of constitutional law : patterns in constitution-making and constitutional interpretation 1. The limits of constitution-makers' sovereignty 2. Foreign and international law in constitutional interpretation Part II. The constitutionalization of international law : international human rights before domestic courts 3. The universal jurisdiction in criminal law 4. Universal jurisdiction for civil litigation 5. Future directions Epilogue : Toward global constitutionalism?
This work investigates the problem of how constitutionality and the internationally increasingly accepted global principles of human rights can influence state action, which is still considered sovereign. International human rights regulations are of pre-eminence in this context since they are virtually, by definition, based on limitations of national constitutional law, in order to assert internationally shared constitutional principles. The evolution of international human rights - triggered by the Holocaust trauma - was the first serious challenge pertaining to any kind of domestic action within the sovereignty of states. This new type of global morality that manifests itself in international relations largely owes itself to the emergence of the notion that certain states bear responsibility for the horrors of World War II. The first part will review the resultant limitation of sovereignty in the context of the creation, amendment, and interpretation of national constitutions, seeking to answer the questions of how far the process of internationalization of (national0 constitutional law has progressed. The second part will address the constitutionalization of the small segment of international law that manifest itself in the assertion of international human rights standards in the case law of national courts.
Bibliography, etc. Note
Includes bibliographical references (pages 261-286).
K3165 .H35 2014
9789462361133 (hardback) 9462361134 (hardback) 9789460949623 (e-book)