Book contents
- The Double-Facing Constitution
- The Double-Facing Constitution
- Copyright page
- Contents
- Contributors
- 1 Introduction
- Part I Theoretical Foundations
- Part II Border Crossings: Comity and Mobility
- Part III The Foreign in Foreign Relations Law
- 11 Double-Facing Administrative Law: State Prerogatives, Cities and Foreign Affairs
- 12 The Democratic Challenge to Foreign Relations Law in Transatlantic Perspective
- 13 The Double-Facing Foreign Relations Function of the Executive and Its Self-Enforcing Obligation to Comply with International Law
- 14 The Various Faces of Fundamental Rights
- Index
12 - The Democratic Challenge to Foreign Relations Law in Transatlantic Perspective
from Part III - The Foreign in Foreign Relations Law
Published online by Cambridge University Press: 17 January 2020
- The Double-Facing Constitution
- The Double-Facing Constitution
- Copyright page
- Contents
- Contributors
- 1 Introduction
- Part I Theoretical Foundations
- Part II Border Crossings: Comity and Mobility
- Part III The Foreign in Foreign Relations Law
- 11 Double-Facing Administrative Law: State Prerogatives, Cities and Foreign Affairs
- 12 The Democratic Challenge to Foreign Relations Law in Transatlantic Perspective
- 13 The Double-Facing Foreign Relations Function of the Executive and Its Self-Enforcing Obligation to Comply with International Law
- 14 The Various Faces of Fundamental Rights
- Index
Summary
Helmut Philipp Aust’s topic is the connection between foreign relations law and domestic conceptions of democracy, and in particular the question of ‘who gets to decide on the international commitments of a state?’. Populism and a broader inward–turn in the politics of many Western states, Aust writes, mean that ‘there is a growing level of discontent with the way that the external sphere is impacting on the internal’. These changing perceptions of ’the international’ filter through into different conceptions of foreign relations law, which, in turn, affect the ability of states to cooperate internationally. The chapter presents two variants of foreign relations law – a ’closed’ version prevalent in the USA, and a German version traditionally more open to international cooperation. Through a comparative analysis, Aust shows how the openness to international cooperation that was long seen to lie at the heart of the German Basic Law, is coming under increasing pressure.
Keywords
- Type
- Chapter
- Information
- The Double-Facing Constitution , pp. 345 - 375Publisher: Cambridge University PressPrint publication year: 2020
- 1
- Cited by