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The Double-Facing Constitution

The Double-Facing Constitution

Jacco Bomhoff, David Dyzenhaus, Thomas Poole, Theodore Christov, Evan Fox-Decent, Alexander Somek, Karen Knop, Audrey Macklin, Asha Kaushal, Geneviève Cartier, Helmut Philipp Aust, Campbell McLachlan, Dieter Grimm
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  • Publication planned for: January 2020
  • availability: Not yet published - available from January 2020
  • format: Hardback
  • isbn: 9781108485487

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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.

    • Puts constitutional law and theory in a broader context of international law, foreign relations and cross-border movement
    • Connects theory and detailed case studies in different areas of law
    • Connects current topics in areas such as foreign relations law, to classic debates in legal and constitutional theory
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    Product details

    • Publication planned for: January 2020
    • format: Hardback
    • isbn: 9781108485487
    • dimensions: 228 x 152 mm
    • availability: Not yet published - available from January 2020
  • 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.

  • Editors

    Jacco Bomhoff, London School of Economics and Political Science
    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).

    David Dyzenhaus, University of Toronto
    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.

    Thomas Poole, London School of Economics and Political Science
    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).

    Contributors

    Jacco Bomhoff, David Dyzenhaus, Thomas Poole, Theodore Christov, Evan Fox-Decent, Alexander Somek, Karen Knop, Audrey Macklin, Asha Kaushal, Geneviève Cartier, Helmut Philipp Aust, Campbell McLachlan, Dieter Grimm

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