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The Role Of International Law As A Canon Of Domestic Statutory Construction, Ralph G. Steinhardt
The Role Of International Law As A Canon Of Domestic Statutory Construction, Ralph G. Steinhardt
Vanderbilt Law Review
From the beginning of our constitutional life, the Supreme Court has articulated principles that structure the juridical relationship between international law and domestic law. These principles purportedly offer rules of decision for resolving in domestic courts the potential in-consistencies between external and internal sources of law, and they do so with the surface simplicity of axioms. Treaties, for example, cannot trump constitutional norms.' Customary international law can provide a rule of decision at least in the absence of controlling legislative or executive acts. In the case of an irreconcilable conflict between a treaty and a statute, the latter-in-time prevails. When …
European Community Law And The Doctrine Of Legitimate Expectations: How Legitimate, And For Whom, Eleanor Sharpston
European Community Law And The Doctrine Of Legitimate Expectations: How Legitimate, And For Whom, Eleanor Sharpston
Northwestern Journal of International Law & Business
This article aims to provide a fairly succinct, practical analysis of the way in which the Court of Justice of the European Communities (the "supreme court" for all questions of interpretation arising under the EEC, ECSC and Euratom Treaties) has developed one particular fundamental principle of Community law, the doctrine of "legitimate expectations". The emphasis throughout is not only on the exact legal formulation of the doctrine, but also on whether or not the doctrine can be said to match up to expectations that, economically, might be regarded as "legitimate". Before embarking on the substance, it may be useful to …