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Human Rights And The Rule Of Law

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Chapter Summary

The key feature of the second (legalisation) stage of internationalisation is its representation of human rights ideals as law. Quite apart from generating tangible outcomes, this latter stage in the internationalisation of human rights is also an exercise in efficiency and refi nement with an interesting twist of objectives, including the representation of human rights as ends in themselves rather than as an appendage to the politics among states. International human rights law draws on both the normativist and the functionalist traditions of legal thought. International human right treaties and documents tend to set out the formal Diceyan attributes of the rule of law - supremacy of the law, equality before the law and the pre-eminence of judicial oversight - without always necessarily defi ning the content of these rights or the purposes to which they may be put.

Keywords: Diceyan attributes; Human Rights; internationalisation

10.1163/ej.9789004173903.i-552.25
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