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

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

20 Pages Posted: 23 Jul 2008  

Penelope Andrews

University of Cape Town (UCT) - Faculty of Law

Date Written: July 12, 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.

Keywords: International Law, Constitutional Law

JEL Classification: K33, K40, K10

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: https://ssrn.com/abstract=1159119

Penelope Andrews (Contact Author)

University of Cape Town (UCT) - Faculty of Law ( email )

Private Bag
Rondebosch 7701
South Africa
021-650-2706 (Phone)

Paper statistics

Downloads
151
Rank
160,455
Abstract Views
730