Bomhoff, Jacco (2014) The constitution of the conflict of laws. Law Society and Economy Working Paper Series, WP4/2014. London School of Economics and Political Science, London, UK.
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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) |
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| Official URL: | http://www.lse.ac.uk/collections/law/wps/wps1.htm |
| Additional Information: | © 2014 The Author, London School of Economics and Political Science |
| Library of Congress subject classification: | J Political Science > JX International law K Law > K Law (General) |
| Sets: | Departments > Law |
| Identification Number: | WP4/2014 |
| Date Deposited: | 24 Feb 2014 12:14 |
| URL: | http://eprints.lse.ac.uk/55827/ |
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