TRANSNATIONAL HUMAN RIGHTS LITIGATION
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- Author: ANDREW NOVAK
- ISBN: 9783030285487
- Availability: In Stock
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This book analyzes the role of strategic
human rights litigation in the dissemination and migration of transnational
constitutional norms and provides a detailed analysis of how transnational
human rights advocates and their local partners have used international and
foreign law to promote abolition of the death penalty and decriminalization of
homosexuality.
The
“sharing” of human rights jurisprudence among judges across legal systems is
currently spreading emerging norms among domestic courts and contributing to
the evolution of international law. While prior studies have focused on
international and foreign citations in judicial decisions, this global
migration of constitutional norms is driven not by judges but by legal
advocates themselves, who cite and apply international and foreign law in their
pleadings in pursuit of a specific human rights agenda. Local and transnational
legal advocates form partnerships and networks that transmit legal strategy and
comparative doctrine, taking advantage of similarities in postcolonial legal
and constitutional frameworks.