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The Varied Policies Of International Juridical Bodies: Reflections On Theory And Practice, John H. Jackson
The Varied Policies Of International Juridical Bodies: Reflections On Theory And Practice, John H. Jackson
Georgetown Law Faculty Publications and Other Works
I would like to turn to how my current thinking and writing relate to the broader issues of international law norm creation. One such article is quite recent and it represents some of my thinking in these broader general issues. It is entitled Sovereignty Modern, and it is a close look at the question of sovereignty and how it affects the fundamental logic of international law. I do not pretend that I have finalized my views, but fundamentally very few people really accept the original, Westphalian idea of sovereignty anymore. There are many other constructs of what sovereignty currently means, …
Constitutional Dialogue And Human Dignity: States And Transnational Constitutional Discourse, Vicki C. Jackson
Constitutional Dialogue And Human Dignity: States And Transnational Constitutional Discourse, Vicki C. Jackson
Georgetown Law Faculty Publications and Other Works
The U.S. Supreme Court has been slower than some other national courts to become familiar with and discuss, distinguish, or borrow from related constitutional approaches of other nations and systems. The growth in transnational judicial discourse, especially on constitutional issues relating to human rights, has been remarked by many. National courts in Argentina, Botswana, Canada, Germany, India, South Africa, and elsewhere not infrequently refer to the constitutional jurisprudence of other nations in resolving domestic constitutional questions. Although such references are not unheard of in the United States, transnational discourse involving national courts, supranational and international tribunals is still subject to …