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The Constitution as Treaty
Francisco Forrest Martin
其他書名
The International Legal Constructionalist Approach to the US Constitution
出版
Cambridge University Press
, 2012-10-04
主題
Law / General
Law / Constitutional
ISBN
1107407842
9781107407848
URL
http://books.google.com.hk/books?id=pa1FLgEACAAJ&hl=&source=gbs_api
註釋
The Constitution as Treaty addresses U.S. constitutional interpretation from a novel, yet originalist perspective: the U.S. Constitution is a treaty. As a treaty, the Constitution must be construed in conformity with the United States' international legal obligations. This book specifically examines how federal courts are international courts and as international courts, how they can directly apply international law and construe federal law in conformity with international law. Most importantly, The Constitution as Treaty demonstrates that the federal courts' authority to review the constitutionality of federal and state law is based on international law.