The Constitution as Treaty: The International Legal Constructionalist Approach to the Us Constitution

ISBN-13: 9780521881937 / Angielski / Twarda / 2007 / 230 str.

Francisco Forrest Martin

Opis

The Constitution as Treaty addresses U.S. constitutional interpretation from a novel, yet originalist perspective: the U.S. Constitution is a treaty. As a treaty, the Constitution must be construed in conformity with the United States' international legal obligations. This book specifically examines how federal courts are international courts and as international courts, how they can directly apply international law and construe federal law in conformity with international law. Most importantly, The Constitution as Treaty demonstrates that the federal courts' authority to review the constitutionality of federal and state law is based on international law.

Spis treści

Introduction; Part I. United States Courts as International Courts: 1. Final judicial review authority of federal and other international courts; 2. The fallacy of federal judicial activism in light of international law's non liquet prohibition principle; Part II. International Law: 3. The positive law of nations and its interpretive principles; 4. The natural law of nations; Part III. United States Law as International Law: 5. Article III, international legal interpretation; 6. Extra-Article III, international legal interpretation; 7. The General Liberal Construction Rule: extending Lynham to other Article III and Extra-Article III international law; Conclusion.