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“Charming Betsy” and the Constitution, Vol. 53 

Shelly Aviv Yeini & Ariel L. Bendor

23 Mar 2022

One of the main disputes in regard to how courts should interpret the federal Constitution pertains to the legitimacy of relying on international law in constitutional interpretation. This Article examines the interpretative status of international law, in general, and the controversy over the use of international law in constitutional interpretation, in particular. The Article offers an innovative approach to the controversy based on the significant difference between customary international law and treaty law; namely, that constitutional interpretation with reference to international law should be limited to customary international law, as opposed to treaty law. 

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Postdoctoral Fellow, Hauser Global Fellows Program, New York University School of Law; Postdoctoral Fellow, Minerva Center for the Rule of Law Under Extreme Conditions, Faculty of Law and Department of Geography and Environmental Studies, University of Haifa. 

Frank Church Professor of Legal Research, Faculty of Law, Bar-Ilan University.