Conflicts and Dialogue Between National Constitutional Systems and International Law

After the conclusion of the Second World War, the principles of sovereignty and separation of powers and the values of democracy and fundamental human rights have evolved into a field of cross-fertilization, in an exchange of case law between domestic and international courts and in the improvement of the mechanism of dialogue. At the same time, domestic tribunals have tried to safeguard national identity and fundamental constitutional principles by applying the so-called counter-limits doctrine. Given these premises, the contribution analyzes the role of judicial dialogue to foster the creation of an international legal space in which the protection of fundamental rights and the rule of law is enhanced, and national identities are preserved. According to this purpose, the interaction between domestic law and customary international law, EU law, and treaty law is examined having regard to the fields of human rights protection and rule of law, and to dialogue between the ICJ, the CJEU, and the ECtHR with domestic tribunals.