Recourse to International Human Rights: Challenges to the Traditional Paradigm

Abstract

The treaty basis of most international human rights, combined with the dualism of common law legal systems, means that international human rights are often thought of as one of the most entrenched holdouts of the traditional model. In many common law jurisdictions, the least controversial cases of tunorthodoxt domestic recourse to international human rights are found in constitutional adjudication. The most explicit example of this distinctive relationship between international human rights norms and post-war constitutions is found in the South African Constitution. The most explicit example of this distinctive relationship between international human rights norms and post-war constitutions is found in the South African Constitution. International human rights as expressed in various treaties may, through the act of ratification, come to exert a mandatory domestic effect. However, courts sometimes also insist on the salience of international human rights norms for another reason. Keywords: constitutional adjudication; international human; ratification; unorthodox