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The constitution of the conflict of laws

Bomhoff, Jacco (2014) The constitution of the conflict of laws. Law Society and Economy Working Paper Series, 10.2139/ssrn.2376171. London School of Economics and Political Science, London, UK.

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Identification Number: 10.2139/ssrn.2376171

Abstract

Private international law doctrines are often portrayed as natural, largely immutable, boundaries on local public agency in a transnational private world. Challenging this problematic conception requires a reimagining of the field, not only as a species of public law or an instrument of governance, but as a constitutional phenomenon. This paper investigates what such a ‘constitution of the conflict of laws’ could look like. Two features are given special emphasis. First: the idea of the conflict of laws as an independent source of constitutionalist normativity, rather than as a mere passive receptacle for constraints imposed by classical, liberal, constitutional law. And second: the possibility of a local, ‘outward-looking’ form of conflicts constitutionalism to complement more familiar, inwardly focused, federalist conceptions.

Item Type: Monograph (Working Paper)
Official URL: http://www.lse.ac.uk/collections/law/wps/wps1.htm
Additional Information: © 2014 The Author, London School of Economics and Political Science
Subjects: J Political Science > JX International law
K Law > K Law (General)
Sets: Departments > Law
Series: Working Papers > LSE Law, Society and Economy Working Paper Series
Date Deposited: 24 Feb 2014 12:14
Last Modified: 24 Feb 2014 12:14
URI: http://eprints.lse.ac.uk/id/eprint/55827

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