Overview

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.

Full Product Details

Author:   Jacco Bomhoff (London School of Economics and Political Science) ,  David Dyzenhaus (University of Toronto) ,  Thomas Poole (London School of Economics and Political Science)
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
Dimensions:   Width: 15.60cm , Height: 22.80cm , Length: 23.50cm
Weight:   0.730kg
ISBN:  

9781108485487

ISBN 10:   1108485480
Pages:   440
Publication Date:   30 January 2020
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
We have confirmation that this item is in stock with the supplier. It will be ordered in for you and dispatched immediately.

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.

Reviews

Author Information

Jacco Bomhoff is Associate Professor of Law at the Law Department of the London School of Economics and Political Science. He is the author of Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse (Cambridge, 2013). David Dyzenhaus is University Professor of Law and Philosophy at the Faculty of Law, University of Toronto, and a Fellow of the Royal Society of Canada. He is the author and editor of several books, including Legality and Legitimacy (1997) and The Constitution of Law (Cambridge, 2006). Thomas Poole is Professor of Law at the Law Department of the London School of Economics and Political Science. He is the author of Reason of State: Law, Prerogative and Empire (Cambridge. 2015), and the editor, with David Dyzenhaus, of books on Hobbes, and on Oakeshott, Hayek and Schmitt.

Tab Content 6

Author Website:  

Customer Reviews

Recent Reviews

No review item found!

Add your own review!

Countries Available

All regions