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Intimations of Unconstitutionality: The Supremacy of International Law and Judgment 238/2014 of the I talian Constitutional Court
Author(s) -
Lando Massimo
Publication year - 2015
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/1468-2230.12159
Subject(s) - law , international law , political science , constitutional court , constitutional law , constitution
Judgment 238/2014 of the I talian Constitutional Court reopens the debate on the extent of the immunity enjoyed by states for violations of jus cogens . The decision, which questions the authority of the ICJ 's 2012 judgment in G ermany v I taly , could certainly have effects on the formation of customary international law. In addition, it revives the discussion on the relationship between national and international law and on the supremacy of the latter over the former, especially if read in light of the previous M edellín and Kadi I decisions. Judgment 238/2014 is an opportunity to reappraise the role played by international law in domestic courts, particularly in cases where international law conflicts with core domestic constitutional values.