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The U. S. Supreme Court and the Domestic Force of International Human Rights Law
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2016
Summary
The core idea underlying human rights is that everyone is inherently and equally worthy of respect as a person. The emergence of that idea has been one of the most significant international developments since the Second World War. But it is one thing to embrace something as an aspirational ideal and quite another to recognize it as enforceable law. The continued development of the international human rights regime brings a pressing question to the fore: What role should international human rights have as law within the American legal system?
The U.S. Supreme Court and the Domestic Force of International Human Rights Law examines this question through the prism of the U.S. Supreme Court’s handling of controversies bearing most closely on it. It shows that the specific disputes the Court has addressed can be best understood by recognizing how each interconnects with an overarching debate over the proper role to be accorded international human rights law within American institutions. By approaching the subject from the justices’ standpoint, this book reveals a divide in the Court between two fundamentally different orientations toward the domestic impact of the international human rights regime.
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Bibliographic data
Copyright year
2016
ISBN-Print
978-1-4985-3470-3
ISBN-Online
978-1-4985-3471-0
Publisher
Lexington, Lanham
Language
English
Pages
213
Product type
Book Titles
Table of contents
ChapterPages
Contents No access
Chapter One: Introduction No access Pages 1 - 20
Chapter Two: Customary International Law and the Alien Tort Statute No access Pages 21 - 60
Chapter Three: The Domestic Force of Treaties No access Pages 61 - 100
Chapter Four: Limits in the Fight Against Terrorism No access Pages 101 - 138
Chapter Five: Foreign Law in Constitutional Interpretation No access Pages 139 - 172
Chapter Six: Common Themes No access Pages 173 - 200
