Interlocking constitutions: towards an interordinal theory of national, European and UN law by Louis I. Gordillo [Book review]

Breda, Vito (2014) Interlocking constitutions: towards an interordinal theory of national, European and UN law by Louis I. Gordillo [Book review]. Modern Law Review, 77 (3). ISSN 0026-7961

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Abstract

Interlocking Constitutions delivers a highly articulate analysis of the dynamic interaction between European final appellate jurisdictions at the international and national level. Through a series of case studies, Gordillo examines how various international and national jurisdictions have interacted with one another over the past fifty years. The historical inheritance of these dialogues is a European-wide interlocked legal system that includes national and international jurisdictions as well as international institutions such as the UN Security Council.
The interactions between these institutions take a functional approach that seeks to prevent conflicts ex ante or to minimise their consequences ex post. An important corollary of this is that the book provides an argument against the cognitive persuasiveness of epistemic models such as constitutional cosmopolitanism and constitutional pluralism. Constitutional cosmopolitanism, Gordillo argues, is unsuitable for explaining horizontal interactions between final appellate jurisdictions because it assumes, implicitly or explicitly, the existence of a global order based on shared values. However, from the analysis of the very large sample of cases considered in Interlocking Constitutions, it appears that constitutional and international courts either resist the idea of global values or, in the few instances in which they might qualify as shared, judgments are nonetheless grounded in courts' pre-existing lines of authority.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: No
Item Status: Live Archive
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 21 Jul 2014 00:02
Last Modified: 13 Jan 2015 02:22
Uncontrolled Keywords: comparative law; European Union law; human rights
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
18 Law and Legal Studies > 1801 Law > 180114 Human Rights Law
20 Language, Communication and Culture > 2005 Literary Studies > 200526 Stylistics and Textual Analysis
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified
Identification Number or DOI: 10.1111/1468-2230.12084_3
URI: http://eprints.usq.edu.au/id/eprint/25094

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