F. de Londras
International Human Rights Law and Constitutional Rights: In Favour of Synergy
de Londras, F.
Authors
Abstract
This paper is concerned with demonstrating the capacity of international human rights law and domestic constitutional law to have a synergistic relationship that is focused on the ways in which the two sets of standards can be harmonised rather than on questions of ‘superiority’ and ‘inferiority’. Conceiving of the relationship between the two bodies of law in this way requires us to recognise their shared dignitary core and the optimal effect of international human rights law, namely effective rights-protection at the domestic level with international law playing a subsidiary role. This paper uses the example of LGBT rights in European Convention on Human Rights jurisprudence to demonstrate such a synergistic relationship and argues that such a relationship is possible as between US constitutional law and international human rights law notwithstanding some prima facie barriers thereto.
Citation
de Londras, F. (2009). International Human Rights Law and Constitutional Rights: In Favour of Synergy. International review of constitutionalism, 9(2), 307-328
Journal Article Type | Article |
---|---|
Publication Date | Jan 1, 2009 |
Deposit Date | Sep 6, 2012 |
Publicly Available Date | Mar 28, 2024 |
Journal | International review of constitutionalism |
Print ISSN | 1569-3074 |
Publisher | Vandeplas Publishing |
Peer Reviewed | Peer Reviewed |
Volume | 9 |
Issue | 2 |
Pages | 307-328 |
Publisher URL | https://vandeplaspublishing.com/ |
Files
Published Journal Article
(320 Kb)
PDF
You might also like
Managing Judicial Innovation in the European Court of Human Rights
(2015)
Journal Article
Constitutionalizing Fetal Rights: A Salutary Tale from Ireland
(2015)
Journal Article
Downloadable Citations
About Durham Research Online (DRO)
Administrator e-mail: dro.admin@durham.ac.uk
This application uses the following open-source libraries:
SheetJS Community Edition
Apache License Version 2.0 (http://www.apache.org/licenses/)
PDF.js
Apache License Version 2.0 (http://www.apache.org/licenses/)
Font Awesome
SIL OFL 1.1 (http://scripts.sil.org/OFL)
MIT License (http://opensource.org/licenses/mit-license.html)
CC BY 3.0 ( http://creativecommons.org/licenses/by/3.0/)
Powered by Worktribe © 2024
Advanced Search