Highest courts and the internationalisation of law : challenges and changes
著者
書誌事項
Highest courts and the internationalisation of law : challenges and changes
（Hague colloquium on fundamental principles of law）
Hague Academic Press, an imprint of T.M.C. Asser Press, c2009
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注記
Proceedings of a Colloquium organized by the Hague Institute for the Internationalisation of Law, June 30-July 1, 2006
Includes bibliographical references (p. 195-211) and index
内容説明・目次
内容説明
In today's world of globalisation the position of the highest national courts is changing. Traditionally, the highest courts have the task of safeguarding the coherency of law within the territory of their jurisdiction. Being at the top of the hierarchy of courts in their country, there was no other authority above them. This picture is being thoroughly disturbed by the internationalisation of law, which has brought the domestic legal systems into close contact with each other and which has created hierarchies among the highest national courts.
This book is an important tool for national judges, judges and staff of international courts, civil servants at ministries of justice, and others studying or practising law on the dividing line between the national and international level. It contains a reflection of the exchange of views that took place during a session of the Hague Colloquium on the Fundamental Principles of Law, which sought to identify the challenges which emerge for the highest national courts in an internationalising world.
Sam Muller is Director of the Hague Institute for the Internationalisation of Law (HiiL), The Hague, the Netherlands. Marc Loth was Dean and Professor of jurisprudence and legal theory at the Erasmus School of Law, Erasmus University Rotterdam, the Netherlands at the time of working on this book. He is a member of the Dutch Hoge Raad (Supreme Court).
目次
Highest Courts and The Internationalisation of Law: Challenges and Changes.- Highest Courts and The Internationalisation of Law: Challenges and Changes.- Supreme Courts in an Internationalised World.- Supreme Courts in an Internationalised World.- The Quest for Coherency.- Supreme Courts in an Internationalised World: Challenges For The Trias Politica and The Coherency of Law?.- The Dutch Constitution and The Subordination of National Legislation In Conflict With Provisions of International Treaties.- The Primacy of Community Law Over National Constitutions: The Case of France.- On Middle Ground - European Community Law and Public International Law.- Legitimacy and the Trias Politica: The Shift to Courts.- Internationalisation and Legitimacy of Decisions by The Highest Courts.- The Constitutional Court of Slovenia and Its Role as an Intermediary Between National and International Law.- The European Convention on Human Rights (Echr) and The Position of The National Judge.- Domestic Courts and International Courts: an Illustration and A Conclusion.- Modern Challenges For The Judiciary and The Role of Supreme Courts.- Judicial Dialogue: The relation between the Coherency of Law and Judicial Interaction.- Globalisation of The Judiciary: Ways of Interaction.- New Methods for The International Coherency of Law.- Case Studies.- The Role of The Israeli Supreme Court In The Fight Against Terrorism.- Confronting Comparative Methods: Approaches to Using Extra-Systemic Parameters by The Canadian Supreme Court and The South African Constitutional Court.- Concluding Observations.- The Changing Role of Highest Courts: Concluding Observations.
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