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The Legal Protection of Human RightsSceptical Essays$
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Tom Campbell, K.D. Ewing, and Adam Tomkins

Print publication date: 2011

Print ISBN-13: 9780199606078

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199606078.001.0001

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Rights and the Citation of Foreign Law

Rights and the Citation of Foreign Law

Chapter:
(p.410) 20 Rights and the Citation of Foreign Law
Source:
The Legal Protection of Human Rights
Author(s):

Jeremy Waldron

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199606078.003.0020

This chapter addresses the specific issue of whether or not courts within jurisdictions that involve judicial review of legislation on human-rights grounds should cite foreign law. It argues that, whatever we think of the legitimacy of such powers, if they exist it is preferable that courts should be able to draw on the experience of comparable decisions in other jurisdictions. This enables courts to learn from the deliberations that have taken place elsewhere. It also generates more informed public debate on rights. Further the citation of foreign cases and statutes contributes to the harmonization of human rights law. However, improving the quality of human rights decision making and promoting the global consistency of human rights law should not be confused with the propriety of propriety of the judicial review in question.

Keywords:   foreign law, judicial review, public debate, harmonization of laws, global consistency

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