Abstract

http://ssrn.com/abstract=1159119
 
 

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Incoroporating International Human Rights Law in National Constitutions: The South African Experience


Penelope Andrews


University of Cape Town (UCT) - Faculty of Law

July 12, 2008

PROGRESS IN INTERNATIONAL LAW, Russell Miller & Rebecca Bratspies, eds., 2008

Abstract:     
This chapter assesses the human rights project in South Africa by examining first how international law has been incorporated in the Bill of Rights. Second, it evaluates the interpretation of these rights by the Constitutional Court, and more specifically, how the Court has embraced international law in its jurisprudence. The chapter argues that despite the mandate to consider international law in its deliberations, the Constitutional Court has strategically adopted international law when appropriate, but disregards international law when difficult political choices demand such marginalization, as it did with the challenge to the Truth and Reconciliation Commission.

Number of Pages in PDF File: 20

Keywords: International Law, Constitutional Law

JEL Classification: K33, K40, K10


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Date posted: July 23, 2008  

Suggested Citation

Andrews, Penelope, Incoroporating International Human Rights Law in National Constitutions: The South African Experience (July 12, 2008). PROGRESS IN INTERNATIONAL LAW, Russell Miller & Rebecca Bratspies, eds., 2008. Available at SSRN: http://ssrn.com/abstract=1159119

Contact Information

Penelope Andrews (Contact Author)
University of Cape Town (UCT) - Faculty of Law ( email )
Private Bag
Rondebosch 7701
South Africa
021-650-2706 (Phone)
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