International Law and Domestic Human Rights Litigation in Africa: An Introduction
INTERNATIONAL LAW AND DOMESTIC HUMAN RIGHTS LITIGATION IN AFRCA, Magnus Killander, ed., Pretoria University Law Press, 2010
19 Pages Posted: 14 Nov 2010 Last revised: 16 Nov 2010
Date Written: October 1, 2010
Lawyers and judges in civil law Africa are reluctant to make use of international human rights law despite the monist constitutional framework. In contrast courts in dualist common law countries have made extensive references to international human rights law in their jurisprudence. However, direct application of human rights treaties is rare. The main reason for this is not whether a constitutional framework is monist or dualist, but the fact that international human rights treaties have influenced the national bills of rights. The main role of international human rights law, in the form of case law and other interpretation by supervisory bodies, should be to aide national courts to interpret constitutionally recognised rights.
Keywords: International Law, Domestic Law, Human Rights, Monism, Dualism, Civil Law, Common Law
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