
Contents
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1. Introduction 1. Introduction
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2. Legal Traditions: A Note on Common Law Countries and Foreign Policy Objectives 2. Legal Traditions: A Note on Common Law Countries and Foreign Policy Objectives
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3. Different Origins: Germany, France, and India 3. Different Origins: Germany, France, and India
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3.1 Staatszielbestimmungen: A scholarly conception 3.1 Staatszielbestimmungen: A scholarly conception
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3.2 Objectifs de valeur constitutionnelle: A judicial creation 3.2 Objectifs de valeur constitutionnelle: A judicial creation
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3.3 Directive principles of state policy: A codified cornerstone 3.3 Directive principles of state policy: A codified cornerstone
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4. Constitutional Objectives as a Norm Category 4. Constitutional Objectives as a Norm Category
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4.1 Staatszielbestimmungen: Justiciable, in theory 4.1 Staatszielbestimmungen: Justiciable, in theory
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4.2 Objectifs de valeur constitutionnelle: Marginally enforceable 4.2 Objectifs de valeur constitutionnelle: Marginally enforceable
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4.3 Directive principles of state policy: ‘Not enforceable in any court’ 4.3 Directive principles of state policy: ‘Not enforceable in any court’
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5. The External Dimension 5. The External Dimension
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5.1 Staatszielbestimmungen: Außenverfassungsrecht 5.1 Staatszielbestimmungen: Außenverfassungsrecht
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5.2 Objectifs de valeur constitutionnelle: Waiting for the Conseil constitutionnel ? 5.2 Objectifs de valeur constitutionnelle: Waiting for the Conseil constitutionnel ?
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5.3 Directive principles of state policy: ‘International morality’ and ‘spiritual heritage’ 5.3 Directive principles of state policy: ‘International morality’ and ‘spiritual heritage’
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6. Conclusion: A Common Vocabulary for Foreign Policy Objectives 6. Conclusion: A Common Vocabulary for Foreign Policy Objectives
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1 Understanding Constitutional Foreign Policy Objectives: Insights from Comparative Constitutional Law
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Published:March 2016
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Abstract
This chapter uses a comparative approach to develop a common understanding of foreign policy objectives as norms of constitutional law, drawing on the German doctrine of Staatszielbestimmungen, French objectifs de valeur constitutionnelle, and the Indian doctrine of directive principles of state policy. It establishes that constitutional objectives are legally binding norms of constitutional rank addressed to the entirety of state organs. They require constant pursuit and optimization within the bounds of what is materially feasible. Foreign policy objectives fall simultaneously into the norm category of constitutional objectives and the ‘foreign relations constitution’. They have an interpretive function and can be used to shape public powers and define the boundaries of fundamental rights. Furthermore, foreign policy objectives tend to aim at exporting to the wider world the internal features and values of the legal order to which they belong (their ‘translation function’).
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