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Ethno-Cultural Diversity And International Judicial Discourse

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Chapter Summary

In essence, the role of judicial discourse has been brought to the fore from two crucial angles. Judicial discourse does reveal multiple approaches to evaluating the position of minority groups. The fast-developing jurisprudence on socio-economic rights in the midst of controversies over the need for a court-like mechanism to realise those rights nationally and internationally, effectively challenges traditional assumptions about the (in)ability of judicial discourse to engage with the complexities of human rights protection. The necessity or desirability of revising earlier jurisprudential pronouncements as a result of wider public discourses is very often a function of the authority that those decisions can carry with them. For one thing, international jurisprudence reveals awareness of the justice dimension of such claims and the extent to which they may ironically come to inform an advanced understanding of universal rights.

Keywords: international judicial discourse; socio-economic rights



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