Reclaiming democracy: The strategic uses of foreign and international law by national courts

• 成果类型: Review
• 署名作者: Benvenisti, Eyal
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300
• DOI: 10.2307/30034538
• 发表日期: 2008
• 页码: 241-+
• 关键词: HUMAN-RIGHTS; POLITICS; state; CONSTITUTIONALISM; paradigm; part

摘要

In response to the increasing pressure on governments, legislatures, and courts to conform to global standards, courts in several democracies are seeking to strengthen the ability of their governments to stand up against interest groups and powerful foreign governments, and to expand the space for domestic deliberation. By coordinating policies with counterparts in other countries through the common language of international and comparative constitutional law, courts can contribute to reclaiming democracy from the grip of globalization.