Journal Title
Title of Journal: Hum Rights Rev
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Abbravation: Human Rights Review
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Publisher
Springer Netherlands
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Authors: Navish Jheelan
Publish Date: 2010/06/29
Volume: 12, Issue: 1, Pages: 15-25
Abstract
The use of foreign law by national courts when deciding cases that concern fundamental rights has provoked a debate on the legitimacy of the judiciary to resort to this practice Indeed many arguments have been made by legal scholars to support the proposition that judges should not take account of unincorporated international human rights instruments or the decisions of foreign courts when they decide cases that concern fundamental rights This article puts these arguments to scrutiny and discusses whether this judicial practice should be resorted to
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