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

International Review of Constitutionalism, Vol. 9, No. 2, pp, 307-328, 2009

Osgoode CLPE Research Paper No. 08/2010

22 Pages Posted: 24 Apr 2010 Last revised: 14 Mar 2016

See all articles by Fiona de Londras

Fiona de Londras

Birmingham Law School, University of Birmingham, UK

Multiple version iconThere are 2 versions of this paper

Date Written: April 23, 2010

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.

Keywords: Internationalisation, Constitutional Law, International Human Rights Law

JEL Classification: K30, K33

Suggested Citation

de Londras, Fiona, International Human Rights Law and Constitutional Rights: In Favour of Synergy (April 23, 2010). International Review of Constitutionalism, Vol. 9, No. 2, pp, 307-328, 2009 ; Osgoode CLPE Research Paper No. 08/2010. Available at SSRN: https://ssrn.com/abstract=1595159 or http://dx.doi.org/10.2139/ssrn.1595159

Fiona De Londras (Contact Author)

Birmingham Law School, University of Birmingham, UK ( email )

Edgbaston
Birmingham, B15 2TT
United Kingdom

HOME PAGE: http://www.birmingham.ac.uk/schools/law/staff/profile.aspx?ReferenceId=99740

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