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Perspectives on Global Constitutionalism

The Use of Foreign and International Law

Perspectives on Global Constitutionalism
  • Year of publication 2014
  • 312 pages
Author:Gábor Halmai
Categories: Law Constitutional Law and Human Rights
Social Sciences Human Rights
Social Sciences Political Science
Icon_printbook 978‐94‐6236‐113‐3 | hardcover | 1st edition | € 76,50 / $ 103,27 / £ 81,09
Icon_ebook 978‐94‐6094‐962‐3 | ebook | € 77,99 / $ 105,28 / £ 82,66

While global constitutional ideas migrate across countries, continents, agencies and institutions, internationally accepted principles of constitutionalism and human rights influence national governments that have been able to keep their sovereignty. This book looks into the fascinating question of convergence and sovereignty by approaching the issue from various angels: the use of foreign and international law in national constitution-making and constitutional interpretation on the one hand, and the use of international human rights by domestic courts on the other. The book covers ten countries through different perspectives, focussing on the interplay between the national jurisdiction and international and foreign law. The author argues that despite the different postures towards the use of foreign and international law, constitutionalism and judicial review have ‘gone global’, and there is definitely a growing horizontal communication between constitutional systems. The consequence of this development is the emergence of a ‘transnational or cosmopolitan constitutionalism’. According to the author, this process can be sped up by the inevitable constitutionalization of international law.

Target group

Academics in constitutional law, human rights and political scientists.

Author's information

Gábor Halmai is Professor of Law at the Eötvös Loránd University in Budapest and visiting research scholar at Princeton University. Since 2003 he is the National Director of the European Master’s Program in Human Rights and Democratization in Venice, and he has served as member of the EU Fundamental Rights Agency’s Management Board and chief counsellor to the President of the Hungarian Constitutional Court. His primary research interests are comparative constitutional law and human rights.