The Constitution as Treaty: The International Legal Constructionalist Approach to the US Constitution
Cambridge University Press, 24. sep. 2007
The Constitution as Treaty transforms the conceptualization of US constitutional law by exploring the interpretive implications of viewing the US Constitution as a treaty. It argues that federal courts constitute an international tribunal system, and, as such, their jurisdiction is governed by international law enabling them to exercise judicial review authority and undercutting much of the judicial activist critique. The Constitution as Treaty continues with an examination of what is international law and its major interpretive principles in order to set the stage for examining how different sources and principles of international law are intrinsically integrated into US constitutional law and, thereby, are available to federal courts for deciding cases. It addresses the Charming Betsy Rule, the non-self-execution doctrine, the last-in-time rule, and the proper use of customary international law and other international law sources not mentioned in Article III. The Constitution as Treaty concludes that federal courts generally must construe the United States' international legal obligations liberally.
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The Constitution as Treaty: The International Legal Constructionalist ...
Francisco Forrest Martin
Ingen forhåndsvisning tilgjengelig - 2007
Advisory Opinion Alvarez-Machain American apply Articles of Confederation beneﬁt binding citizens civilized nations conﬂicts Congress Constitution’s Court of Human Court of Justice customary international law customary international legal decisions Declaration deﬁne dispute ECHR emerging customary international entered into force established ex aequo example extra–Article III international federal law federal statutes ﬁrst foreign hereinafter Human Rights ICCPR international courts international legal authorities international legal norm international legal obligations international tribunal interpretation interstate judicial activism judicial power judicial review judicial review authority jus cogens Last-in-Time Rule law of nations legislation Liberal Construction Rule natural law Non Liquet Non–Self-Execution opinio juris parties Persistent Objector Rule positive law president principles of law prohibiting ratiﬁcation recognized by civilized reﬂect requires Senate speciﬁc state’s states-parties sufﬁcient supra note Supremacy Clause tion treaty’s U.S. Const U.S. constitutional U.S. federal courts U.S. Supreme Court U.S. treaties United Vattel Vienna Convention violate
Side 36 - ... or sentence and other proceedings being in either case transmitted to Congress and lodged among the acts of Congress for the security of the parties concerned; provided that every commissioner, before he sits in judgment, shall take an oath, to be administered by one of the judges of the Supreme or Superior Court of the State where the cause shall be tried, "well and truly to hear and determine the matter in question, according to the best of his judgment, without favor, affection, or hope of...
Side 32 - Nor does this conclusion by any means suppose a superiority of the Judicial to the Legislative power. It only supposes that the power of the People is superior to both ; and that where the will of the Legislature, declared in its statutes, stands in opposition to that of the People, declared in the Constitution, the Judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.