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18 - Multi-Layered Constitutions

from Part V - Transnational Constitutionalism

Published online by Cambridge University Press:  30 September 2019

Roger Masterman
Affiliation:
University of Durham
Robert Schütze
Affiliation:
University of Durham
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Summary

Examination of the state-centric dynamics of constitutions can only partially illuminate the multi-faceted characteristics of constitutional law. A statist focus often obscures both internal and external dimensions of constitutions themselves, and of the broader structures and patterns of governance that exist within and beyond nations. Either explicitly or implicitly, constitutions speak to the sub- as well as to the inter- and supra-national, and provide a lens through which obligations and pressures arising in each differing context might be reflected. Constitutions are, as such, inherently multi-layered.

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Publisher: Cambridge University Press
Print publication year: 2019

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References

Further Reading

Bamforth, N. and Leyland, P., Public Law in a Multi-Layered Constitution (Hart Publishing, 2003).CrossRefGoogle Scholar
Bingham, T., Widening Horizons: The Influence of Comparative Law and International Law on Domestic Law (Cambridge University Press, 2010).Google Scholar
de Wet, E., ‘The International Constitutional Order’ (2006) 55 International and Comparative Law Quarterly 51.CrossRefGoogle Scholar
Dobner, P. and Loughlin, M., The Twilight of Constitutionalism? (Oxford University Press, 2010).Google Scholar
Fassbender, B., ‘The United Nations Charter as Constitution of the International Community’ (1998) 36 Columbia Journal of Transnational Law 529.Google Scholar
Gardbaum, S., ‘Human Rights as International Constitutional Rights’ (2008) 19(4) European Journal of International Law 749.Google Scholar
Held, D., Democracy and the Global Order: From the Modern State to Cosmopolitan Governance (Polity Press, 1995).Google Scholar
MacCormick, N., Questioning Sovereignty: Law, State and Nation in the European Commonwealth (Oxford University Press, 1999).Google Scholar
Peters, A., ‘Compensatory Constitutionalism: The Function and Potential of Fundamental International Norms and Structures’ (2006) 19 Leiden Journal of International Law 579.Google Scholar
Tierney, S. (ed.), Nationalism and Globalisation (Hart Publishing, 2015).Google Scholar

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