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Home > Law > Law General & Other > The Constitution as Treaty-eBook

The Constitution as Treaty

Martin,Francisco Forrest

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The Constitution as Treaty

The Constitution as Treaty transforms the conceptualization of U.S. constitutional law by exploring the interpretive implications of viewing the U.S. Constitution as a treaty. It argues that federal courts constitute an international tribunal system, and, as such, their jurisdiction is governed by international law enabling them to exercise judicial review authority and undercutting much of the judicial activist critique. The Constitution as Treaty continues with an examination of what is international law and its major interpretive principles in order to set the stage for examining how different sources and principles of international law are intrinsically integrated into U.S. constitutional law and, thereby, are available to federal courts for deciding cases. It addresses the Charming Betsy Rule, the non-self-execution doctrine, the last-in-time rule, and the proper use of customary international law and other international law sources not mentioned in Article III. The Constitution as Treaty concludes that federal courts generally must construe the United States' international legal obligations liberally.

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Title of ebook: The Constitution as Treaty
ISBN: 9780511353017
Publisher: Cambridge University Press
Internet download file size: 1504 kb
Pages: 228
Released online for download: 09-30-2007
Author of eBook: Martin,Francisco Forrest