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Law - International, Foreign and Comparative Law | Highest Courts and the Internationalisation of Law - Challenges and Changes

Highest Courts and the Internationalisation of Law

Challenges and Changes

Muller, A. S., Loth, M. A. (Eds.)

1st Edition., 230p.

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  • About this book

Hague Academic Press, a T.M.C. Asser Press imprint

Traditionally, highest courts have had the task of safeguarding the unity of law within the territory of their jurisdiction. Their position at the top of the hierarchy of domestic courts meant there was no other authority above them. Globalisation, however, has resulted in changes to the position and function of the highest courts on the national level. The internationalisation of law has brought the individual domestic legal systems into close contact with one another. An invaluable tool for national judges, judges and staff of international courts, civil servants at ministries of justice, this study of the dividing line between the national and international level identifies the contemporary function of the highest national courts.

Content Level » Research

Keywords » Administrative law - Globalisation - International Law - Legitimacy - Principles of Law - Procedural law - law

Related subjects » International, Foreign and Comparative Law - Law

Table of contents 

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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