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Human Rights, International Economic Law and Constitutional Justice

By Petersmann,ernst-ulrich

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Book Id: WPLBN0003762197
Format Type: PDF eBook :
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Reproduction Date: 2015

Title: Human Rights, International Economic Law and Constitutional Justice  
Author: Petersmann,ernst-ulrich
Language: English
Subject: Programming, Law Books, International Law
Collections: Technical eBooks and Manuals Collection, Technical Books Center Collection
Publication Date:
Publisher: The European Journal of International Law


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Petersmann, E. (2008). Human Rights, International Economic Law and Constitutional Justice. Retrieved from

Description: According to J. Rawls, ‘ in a constitutional regime with judicial review, public reason is the reason of its supreme court ’ ; it is of constitutional importance for the ‘ overlapping, constitutional consensus ’ necessary for a stable and just society among free, equal, and rational citizens who tend to be deeply divided by confl icting moral, religious, and philosophical doctrines. 1 The European Court of Justice (ECJ), the European Court of Human Rights (ECtHR), and the European Free Trade Area (EFTA) Court successfully transformed the intergovernmental European Community (EC) treaties and the European Convention on Human Rights (ECHR) into constitutional orders founded on respect for human rights. Their ‘ judicial constitutionalization ’ of intergovernmental treaty regimes was accepted by citizens, national courts, parliaments, and governments because the judicial ‘ European public reason ’ protected more effectively individual rights and European ‘ public goods ’ (like the EC’s common market). The ‘ Solange method ’ of cooperation among European courts ‘ as long as ’ constitutional rights are adequately protected refl ects an ‘ overlapping constitutional consensus ’ on the need for ‘ constitutional justice ’ in European law. The power-oriented rationality of governments interested in limiting their judicial accountability is increasingly challenged also in worldwide dispute settlement practices. Judicial interpretation of intergovernmental rules as protecting also individual rights may be justifi able notably in citizen-driven areas of international economic law protecting mutually benefi cial cooperation among citizens and individual rights (e.g. of access to courts). Multilevel economic, environmental, and human rights governance can become more reasonable and more effective if national and international courts cooperate in protecting the rule of international law for the benefi t of citizens (as ‘ democratic principals ’ of governments) with due regard for human rights and their constitutional concretization in national and international legal systems.


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