Bomhoff, Jacco 
ORCID: 0000-0002-3098-8748
(2014)
The constitution of the conflict of laws.
In: Watt, Horatia Muir and Arroyo, Diego Fernandez, (eds.)
Private International Law and Global Governance.
Law and Global Governance Series.
Oxford University Press, Oxford, UK, 262 - 276.
ISBN 9780198727620
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 chapter 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: | Book Section |
|---|---|
| Additional Information: | © 2014 The Author |
| Divisions: | Law |
| Subjects: | K Law > K Law (General) |
| Date Deposited: | 05 Oct 2017 14:22 |
| Last Modified: | 01 Nov 2024 05:51 |
| URI: | http://eprints.lse.ac.uk/id/eprint/84488 |
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