Intimations of Unconstitutionality
The Supremacy of International Law and Judgment 238/2014 of the I talian Constitutional Court
Bibliographic Data
| ID | 9194352 |
|---|---|
| Authors | Massimo Lando (0000-0002-5223-4840, University of Cambridge, corresponding author) |
| Year | 2015 |
| Volume | 78 |
| Issue | 6 |
| Pages | 1028-1041 |
| Publication date | 2015-11-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Modern Law Review (JOURNAL) |
| Journal identifiers | ISSN: 0026-7961 • E-ISSN: 1468-2230 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/1468-2230.12159 |
| OpenAlex | W2135741955 |
| Language | EN |
| References cited | 16 |
Judgment 238/2014 of the I talian Constitutional Court reopens the debate on the extent of the immunity enjoyed by states for violations of jus cogens . The decision, which questions the authority of the ICJ 's 2012 judgment in G ermany v I taly , could certainly have effects on the formation of customary international law. In addition, it revives the discussion on the relationship between national and international law and on the supremacy of the latter over the former, especially if read in light of the previous M edellín and Kadi I decisions. Judgment 238/2014 is an opportunity to reappraise the role played by international law in domestic courts, particularly in cases where international law conflicts with core domestic constitutional values
Constitution · Constitutional court · Constitutional law · International law · Political science · European and International Law Studies · International Law and Human Rights · Law · Ombudsman and Human Rights
Brownlie's Principles of Public International Law
From Utopia to Disenchantment
Judicial Misgivings Regarding the Application of International Law
State Immunity and Human Rights
The Kadi Case - Constitutional Core Values and International Law - Finding the Balance
Implementing International Law - The Role of Domestic Courts
Introduction
Domestic Courts as Agents of Development of International Immunity Rules
The Dispute on Jurisdictional Immunities of the State before the ICJ
The Judiciary, International and National, and the Development of International Law
Comparative International Law? The Role of National Courts in Creating and Enforcing International Law
Ferrini v. Federal Republic of Germany
| Citation velocity | historical |
|---|---|
| Highly cited | No |