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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Foreign Affairs

Helmut Philipp Aust

Subject(s):
Separation of powers — Foreign law — International law — Foreign Affairs — Foreign affairs — Dignity and autonomy of individuals — Individual rights
1. The domain of foreign affairs is referred to in constitutional law and its scholarship in order to demarcate the conduct of the foreign relations of a state from other, at first sight internal, matters. The idea that the conduct of foreign relations entails the requirement for a different set of rules, as opposed to the ‘regular’ affairs of a state, is rooted in a long intellectual tradition dating back to, among others, John Locke and his concept of the ‘federative power’. Likewise, the idea of a brutal state of nature in which individuals would find...
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