Edited by Alfred Anate Mayaki, Wednesday, 23 Oct 2024, 22:20
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.
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)
Human Rights and International Law
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:
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)