By Francisco Forrest Martin
The structure as Treaty addresses U.S. constitutional interpretation from a unique, but originalist point of view: the U.S. structure is a treaty. As a treaty, the structure has to be construed in conformity with the U.S.' foreign criminal responsibilities. This ebook in particular examines how federal courts are foreign courts and as foreign courts, how they could without delay follow overseas legislations and construe federal legislations in conformity with overseas legislation. most significantly, The structure as Treaty demonstrates that the federal courts' authority to check the constitutionality of federal and country legislation is predicated on foreign legislations.
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Extra resources for The Constitution as Treaty: The International Legal Constructionalist Approach to the U.S. Constitution
171 (entered into force Mar. 23, 1976) (“individuals who claim that any of their rights enumerated in the Covenant have been violated . . may submit a written communication to the Committee for consideration”). C. § 1343 (“district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person” to recover damages for civil rights violations). C. ”). 19:26 P1: KNP 9780521881937c01 24 CUFX166/Martin 978 0 521 88193 7 August 19, 2007 the constitution as treaty treaty can be an agreement between two or more states that together represent a nation.
1 2 For a recent, fairly comprehensive survey of the historical and legal literature on judicial review, see Saikrishna B. Prakash and John C. Yoo, The Origins of Judicial Review, 70 U. Chi. L. Rev. 887 (2003) [hereinafter Prakash & Yoo]. Geoffrey Marshall, Parliamentary Sovereignty and the Commonwealth 16 (1959). 1. 1. judicial review The notion of judicial review was not unknown to international law and international tribunal practice at the date of the Constitution’s entrance into force in 1788.
S. S. 34 However, not all national or state tribunals can or must enforce international law. There is nothing intrinsic to the concept of a national court system that requires it to enforce international law. One can imagine a totally isolated state that has no contacts with other states or their nationals. Such states would have no need and, hence, no requirement for their courts to enforce any international law. Also, some states do not allow their national courts to enforce certain species of international law.