Preconditions for Stare Decisis - What International Law Can Learn from Comparative Constitutional Law

2012 ◽  
Author(s):  
Marjan Ajevski
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Stare Decisis ◽  
Comparative Constitutional Law

International Constitutional Law in Legal Education

2014 ◽  
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Summer School ◽  
National Level ◽  
Legal Education ◽  
Final Conclusion ◽  
Nation State ◽  
Comparative Constitutional Law ◽  
Summer Schools ◽  
Broad Understanding

The NICLAS Summer School was built upon the International Constitutional Law Approach (ICL), which unifies the debates on the constitutionalization of International Law and the Internationalization of Constitutional Law with Comparative Constitutional Law. A broad understanding of constitutional law beyond the nation state open up the comparison of constitutional topics on the international, European and national level. The summer school already initiated numerous publications, the book that is presented here is a final conclusion to this summer school project. It is a tour d’horizon through the different years and topics of the summer school. The contributions are written by summer school participants at various levels (teachers, students). The articles reflect the various topics and methodologies of the summer school as mentioned above and can also serve as examples for teaching materials for other summer schools, which deal with international constitutional law.

Constitutionalism in Islamic Countries: Between Upheaval and Continuity

2012 ◽  
Author(s):  
Grote Rainer ◽  
Röder Tilmann
Keyword(s):  
United States ◽  
International Law ◽  
North Africa ◽  
Constitutional Law ◽  
Legal History ◽  
Islamic Law ◽  
Integrated Analysis ◽  
The Political ◽  
Comparative Constitutional Law ◽  
Islamic Countries

This book examines the question of whether something similar to an “Islamic constitutionalism” has emerged out of the political and constitutional upheaval witnessed in many parts of North Africa, the Middle East, and Central and Southern Asia in order to identify its defining features and to assess the challenges it poses to established concepts of constitutionalism. This book offers an integrated analysis of the constitutional experience of Islamic countries, drawing on the methods and insights of comparative constitutional law, Islamic law, international law, and legal history. European and United States experiences are used as points of reference against which the peculiar challenges, and the specific answers given to those challenges in the countries surveyed, can be assessed. Whether these concepts can be applied successfully to the often grim political and social realities of their countries provides insights into whether such a fusion can be sustained.

Constituting Scotland

2016 ◽  
Author(s):  
W. Elliot Bulmer
Keyword(s):  
Constitutional Law ◽  
Constitutional Theory ◽  
Constitutional Design ◽  
Global Trends ◽  
National Movement ◽  
Comparative Constitutional Law ◽  
Constitutional Thought ◽  
Scottish Government ◽  
Historical Trajectory ◽  
Constitutional Tradition

The rise of the Scottish national movement has been accompanied by the emergence of distinct constitutional ideas, claims and arguments, which may affect constitutional design in any future independent Scotland. Drawing on the fields of constitutional theory, comparative constitutional law, and Scottish studies, this book examines the historical trajectory of the constitutional question in Scotland and analyses the influences and constraints on the constitutional imagination of the Scottish national movement, in terms of both the national and international contexts. It identifies an emerging Scottish nationalist constitutional tradition that is distinct from British constitutional orthodoxies but nevertheless corresponds to broad global trends in constitutional thought and design. Much of the book is devoted to the detailed exposition and comparative analysis of the draft constitution for an independent Scotland published by the SNP in 2002. The 2014 draft interim Constitution presented by the Scottish Government is also examined, and the two texts are contrasted to show the changing nature of the SNP’s constitutional policy: from liberal-procedural constitutionalism in pursuit of a more inclusive polity, to a more populist and majoritarian constitutionalism.

Introduction. Imprints of Colonialism in Public International Law: On the Paradoxes of Transition

2016 ◽  
Vol 18 (2-3) ◽  
pp. 239-247
Author(s):  
Jörn Axel Kämmerer
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Birth Defect ◽  
International Workshop ◽  
International Order ◽  
Transdisciplinary Research ◽  
Research Project ◽  
Public International Law

The article is an introduction to subsequent articles touching upon the relevance of colonialism to the evolution of public international law. This was the topic of a transdisciplinary research project conducted by German scholars and of an international workshop, with this issue as a yield. Imperial colonialism may be perceived as a period of transition from a parallelism of mostly unconnected ‘trans-communitarian’ systems toward today’s universal international order. A paradox is inherent in decolonisation because the price of independence consisted in non-European systems being ultimately and definitely superseded by a public international law shaped almost exclusively by European powers. This ‘birth defect’ of universality explains many persisting tensions in international legal relations. It is worthwhile to assess whether public international law could draw some inspiration from approaches in the constitutional law of selected states with a colonial heritage in view of mitigating conflicts without, however, compromising the benefits inherent in universality.

The judicial review of legality

2021 ◽  
Author(s):  
Natalie R. Davidson ◽  
Leora Bilsky
Keyword(s):  
Judicial Review ◽  
Constitutional Law ◽  
New Model ◽  
Substantive Content ◽  
Comparative Constitutional Law ◽  
Recent Developments ◽  
Relationship Of

In comparative constitutional law, the various models of judicial review require courts to examine either the substantive content of legislation or the procedure through which legislation was passed. This article offers a new model of judicial review – ‘the judicial review of legality’ – in which courts review instead the forms of law. The forms of law are the ways in which law communicates its norms to the persons who are meant to comply with them, and they include generality, clarity, avoidance of contradiction, and non-retroactivity. Drawing on recent writing on the jurisprudence of Lon Fuller, this article argues that Fuller’s linking of the forms of law to a relationship of reciprocity between government and governed can ground judicial review and that such review provides a missing language to address important legislative pathologies. Moreover, through an analysis of recent developments in Israel, the article demonstrates that the judicial review of legality targets some of the key legal techniques of contemporary processes of democratic erosion which other models of judicial review struggle to address, all the while re-centring judicial review on the lawyer’s craftsmanship and thus reducing problems of court legitimacy. This article therefore offers a distinctive and normatively appealing way for courts to act in troubling times.

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