The Constitution as Treaty
The International Legal Constructionalist Approach to the U.S. Constitution
By (author) Francisco Forrest Martin
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Constitution as Treaty by Francisco Forrest Martin
Book DescriptionThe Constitution as Treaty transforms the conceptualization of US constitutional law by exploring the interpretive implications of viewing the US 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 US 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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Book DetailsISBN: 9780521881937
(228mm x 152mm x 17mm)
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 24-Sep-2007
Country of Publication: United Kingdom
Books By Author Francisco Forrest Martin
Constitution as Treaty, Paperback (October 2012)
This book examines how the US Constitution acts as an international treaty in the federal courts.
International Human Rights and Humanitarian Law, Paperback (March 2011)» View all books by Francisco Forrest Martin
This 2006 text examines the international legal instruments and case law relevant to humanitarian and human rights law.
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Author Biography - Francisco Forrest Martin
Francisco Forrest Martin is the founder and president of Rights International, The Center for International Human Rights Law, Inc. He is also the former Ariel F. Sallows Professor of Human Rights at the University of Saskatchewan College of Law. Mr Martin is the author of seven books and numerous articles on U.S. constitutional and international law, including International Human Rights and Humanitarian Law (Cambridge University Press 2006). He has litigated cases before U.S. and international courts, including the European Court of Human Rights, Inter-American Commission and Court of Human Rights, and the African Commission on Human and Peoples' Rights. He was the recipient of the American Civil Liberties Union's Anneta Dieckmann Award.
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