This note presents a question on the legitimacy of the so-called ‘dualist’ approach to the implementation of international law into domestic law (Ministry of Justice, 2021: ss.48)
My arguments are supported by three concise references:
- McGoldrick’s (2001: 914) position paper on the incompatibility of UK law with the European Convention on Human Rights, which cites an area known as ‘new’ interpretive obligation
- Transformative constitutionalism is a type of generalized political philosophy (used in a discursive context) according to Prof. Karl Klare (Hunt, 2002: 88)
- Prof. Edwin Egede and Cheluchi Onyemelukwe’s view, according to Ebenezer Durojaye, is that the Nigerian Constitution is superior and not equivalent to the African Charter on Human and Peoples' Rights (in Nigeria) but that the African Charter should nevertheless be afforded the privilege of full effect in Nigerian Constitution (Killander, 2010:159)
How is ‘dualism’ perceived among employment law, labour law, and human rights practitioners?
References
Hunt, M. (1999). The Human Rights Act and legal culture: the judiciary and the legal profession. Journal of Law and Society, 26(1), 86-102. (Accessed on 23 October 2024)
Killander, M. (2010) International law and domestic human rights litigation in Africa. Pretoria University Law Press PULP. (Accessed on 23 October 2024)
McGoldrick, D. (2001). The United Kingdom's Human Rights Act 1998 in Theory and Practice. International & Comparative Law Quarterly, 50(4), 901-953.
Ministry of Justice (2021) ‘Human Rights Act Reform: A Modern Bill of Rights: A consultation to reform the Human Rights Act 1998’, Crown copyright, Available at https://consult.justice.gov.uk/human-rights/human-rights-act-reform/supporting_documents/humanrightsreformconsultation.pdf (Accessed on 23 October 2024)
Shale, Itumeleng. (2019). Historical perspective on the place of international human rights treaties in the legal system of Lesotho: moving beyond the monist-dualist dichotomy. African Human Rights Law Journal, 19(1), 193-218. (Accessed on 23 October 2024)