How Does, Could and Should the International Human Rights Judiciary Interact with National Parliaments?
M. Saul, A. Follesdal, and G. Ulfstein (eds.) The International Human Rights Judiciary and National Parliaments: Europe and Beyond (Cambridge University Press, 2017)
37 Pages Posted: 8 Nov 2017
Date Written: November 6, 2017
How does the international human rights judiciary (IHRJ) connect with national parliaments? What challenges and opportunities do these connections create for the realization of human rights? What should the IHRJ do in order to maximize the contributions of national parliaments to human rights? To shed light on these issues, this paper takes the following approach. Firstly, an account of how the IHRJ should be viewed in relation to the constitutional practices of states. This leads to consideration of what the role of parliaments should be to realise human rights. Subsequently, points of connection between the IHRJ and national parliaments are identified and explored, with a particular focus on how they might advance or detract from the human rights role of parliaments. The penultimate section examines why relations between the IHRJ and national parliaments break down and how the parties involved should respond. The final section proposes a set of principles for organising how IHRJ institutions relate to national parliaments: supportive subsidiarity, coordination of connections, and contextual sensitivity. Future research agendas are indicated.
Keywords: European Court of Human Rights, Inter-American Court of Human Rights, UN human rights treaty bodies, parliaments, interpretation, deference, proportionality, subsidiarity, law
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