National Constitutional Law in a Globalising World:
The Relevance of National Constitutional Law in a Globalizing World: The Separation of Powers as a Restriction on National Courts to Interpret Norms of Public International Law
Summary of the Project
This project is a comparative study of the role of the separation of powers in the potential of courts interpreting norms of public international law.
This study is set in the framework of the question of whether courts perceive of their mandate in a purely national context, or whether they (also) have an independent power to interpret norms of public international law binding the relevant legal order – a power which may be more ‘internationalist’ in outlook than the national constitutional model provides for.
The research should be perceived as a part of a broader perspective, namely whether the state, within which a national court functions, should be viewed as a solid, closed entity or the development of globalisation breaks through the boundaries set by the separation of powers resulting in an broader scope of powers for national courts in the field of the interpretation of international norms.
Project Leader
Prof. Leonard Besselink - Utrecht University
Researcher
Dr. David Haljan - Utrecht University
Duration
April 2007- May 2010
Grant Awarded
€ 228.820,-
Matching
€ 55.355,-
Scientific Publications
Contact Information
Katarzyna Kryczka
Research and Programme Officer
k.kryczka@hiil.org
+31-(0)70-3494409
