Divided Argument
Separation-of-Powers Police
Daryl Levinson
Completely agree. So plugging Marco Basile's work, he has the fascinating and I think to some extent plausible suggestion that the split had a lot to do with the rise of judicial supremacy and the centrality of courts and constitutional interpretation in the late 19th century. while courts were more hands-off with regard to international law and weren't as strong a positivizing force.
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