Book contents
- Frontmatter
- Dedication
- Contents – summary
- Contents
- Preface
- Acknowledgements
- Table of cases
- Table of treaties
- Table of legislation
- List of abbreviations
- Part I Sources
- 1 Function
- 2 Development
- 3 The interaction of international law and municipal law
- Part II The foreign relations power
- Part III Foreign relations and the individual
- Part IV The foreign state
- Bibliography
- Index
- References
1 - Function
Published online by Cambridge University Press: 05 September 2014
- Frontmatter
- Dedication
- Contents – summary
- Contents
- Preface
- Acknowledgements
- Table of cases
- Table of treaties
- Table of legislation
- List of abbreviations
- Part I Sources
- 1 Function
- 2 Development
- 3 The interaction of international law and municipal law
- Part II The foreign relations power
- Part III Foreign relations and the individual
- Part IV The foreign state
- Bibliography
- Index
- References
Summary
To hold that the court may turn a blind eye to executive lawlessness beyond the frontiers of its own jurisdiction is, to my mind, an insular and unacceptable view.
Lord Bridge of Harwich, ex p Bennett [1994] 1 AC 42, 67Contesting the law’s exclusion
What is it about the conduct of the state in its external exercise of public power that provokes such controversy within contemporary Anglo-Commonwealth legal systems? The appellate courts are pressed on all sides with foreign relations issues – on the legality of foreign affairs decisions by the executive; on the protection of the individual affected by the foreign exercise of public power; on the extent of the duties of the state on behalf of its citizens affected by the public power of foreign states; on the external scope of public regulatory power; and on the treatment of the public interests of the foreign state in domestic litigation. Nor are the issues confined to the courts. The treatment of foreign relations has been a contemporary preoccupation of the legislature and in public inquiries.
- Type
- Chapter
- Information
- Foreign Relations Law , pp. 3 - 30Publisher: Cambridge University PressPrint publication year: 2014