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This collection explores some of the many ways in which constitutional orders engage with the outside world – the world of other states, of foreign norms, and of individuals who are in some sense ‘strangers to the constitution’ These various forms of foreignness we refer to as constitutional and legal exteriority.
Jacco Bomhoff is principally concerned with the character of constitutionally salient boundaries. In its first part, this chapter explores the contrast between, on the one hand, recognition of the legally mediated character of borders and jurisdictional boundaries in critical scholarship, and, on the other hand, unquestioning determinations of ‘inside’ and ‘outside’ in judicial practice. The second part of this chapter, then, approaches the question of the character and effects of constitutional boundaries by way of a case study on mobility. Mobility, in its many different forms – its restriction and its excesses, for individuals and for corporations – lies at the heart of many pressing contemporary challenges. The legal treatment of mobility, however, is fragmented across many different specialised fields – from immigration law, to tax law, to international arbitration – in which constitutionalist concerns are rarely central. The chapter aims to address this lacuna by sketching the contours of an ‘outward-facing constitutionalism’ which could provide the conceptual and normative means to scrutinise the constitutional implications of the regulation of ‘access’ and ‘exit’ for both individuals and corporate actors.
This collection explores some of the many ways in which constitutional orders engage with, and are shaped by, their exteriors. Constitutional and legal theory often marginalize 'foreign' elements, such as norms originating in other legal systems, the movement of individuals across borders, or the application of domestic law to foreign affairs. In The Double-Facing Constitution, these instances of boundary crossing lie at the heart of an alternative understanding of constitutions as permeable membranes, through which norms can and sometimes must travel. Constitutional orders are facing both inwards and outwards - and the outside world influences their interiors just as much as their internal orders help shape their surroundings. Different essays discuss the theoretical and historical foundations of this view (grounded in Kelsen, Hobbes, Locke, Rousseau and others), and its contemporary relevance for areas as diverse as migration law, the conflict of laws, and foreign relations law.