Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Recourse to International Human Rights: Challenges to the Traditional Paradigm

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The treaty basis of most international human rights, combined with the dualism of common law legal systems, means that international human rights are often thought of as one of the most entrenched holdouts of the traditional model. In many common law jurisdictions, the least controversial cases of &t;unorthodox&t; domestic recourse to international human rights are found in constitutional adjudication. The most explicit example of this distinctive relationship between international human rights norms and post-war constitutions is found in the South African Constitution. The most explicit example of this distinctive relationship between international human rights norms and post-war constitutions is found in the South African Constitution. International human rights as expressed in various treaties may, through the act of ratification, come to exert a mandatory domestic effect. However, courts sometimes also insist on the salience of international human rights norms for another reason.

Keywords: constitutional adjudication; international human; ratification; unorthodox

10.1163/ej.9789004165717.i-912.192
/content/books/10.1163/ej.9789004165717.i-912.192
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Progress in International Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation