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International Human Rights Law and Constitutional Rights: In Favour of Synergy

de Londras, F.

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Authors

F. de Londras



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/

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