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Human Rights Courts and Global Constitutionalism

  • International courts regularly cite each other, in part as a means of building legitimacy. Such international, cross-court use of precedent (or “judicial dialogue”) among the regional human rights courts and the Human Rights Committee has an additional purpose and effect: the construction of a rights-based global constitutionalism. Judicial dialogue among the human rights courts is purposeful in that the courts see themselves as embedded in, and contributing to, a global human rights legal system. Cross-citation among the human rights courts advances the construction of rights-based global constitutionalism in that it provides a basic degree of coordination among the regional courts. The jurisprudence of the U.N. Human Rights Committee (HRC), as an authoritative interpreter of core international human rights norms, plays the role of a central focal point for the decentralized coordination of jurisprudence. The network of regional courts and the HRC is building an emergent institutional structure for global rights-basedInternational courts regularly cite each other, in part as a means of building legitimacy. Such international, cross-court use of precedent (or “judicial dialogue”) among the regional human rights courts and the Human Rights Committee has an additional purpose and effect: the construction of a rights-based global constitutionalism. Judicial dialogue among the human rights courts is purposeful in that the courts see themselves as embedded in, and contributing to, a global human rights legal system. Cross-citation among the human rights courts advances the construction of rights-based global constitutionalism in that it provides a basic degree of coordination among the regional courts. The jurisprudence of the U.N. Human Rights Committee (HRC), as an authoritative interpreter of core international human rights norms, plays the role of a central focal point for the decentralized coordination of jurisprudence. The network of regional courts and the HRC is building an emergent institutional structure for global rights-based constitutionalism.show moreshow less

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Metadaten
Author details:Wayne SandholtzGND
URN:urn:nbn:de:kobv:517-opus4-435831
DOI:https://doi.org/10.25932/publishup-43583
Title of parent work (English):KFG Working Paper Series
Subtitle (English):Coordination through Judicial Dialogue
Publication series (Volume number):KFG Working Paper Series (35)
Publication type:Working Paper
Language:English
Date of first publication:2019/06/07
Publication year:2019
Publishing institution:Universität Potsdam
Release date:2019/10/24
Issue:35
Number of pages:30
Source:First publication of the paper: SSRN https://ssrn.com/abstract=3394927
RVK - Regensburg classification:PR 2411, MK 7900
Organizational units:Extern / Berlin Potsdam Research Group "The International Rule of Law - Rise or Decline?"
DDC classification:3 Sozialwissenschaften / 34 Recht
Peer review:Nicht referiert
License (German):License LogoKeine öffentliche Lizenz: Unter Urheberrechtsschutz
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