Authors:
- Analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms
- Provides a detailed analysis of how transnational human rights advocates have used international and foreign law to promote abolition of the death penalty, restriction of life imprisonment, and decriminalization of homosexuality
- Confirms the mutually reinforcing relationship between domestic and international law, including the role of legal advocates as the instrumental drivers of this process
Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 75)
Buy it now
Buying options
Tax calculation will be finalised at checkout
Other ways to access
This is a preview of subscription content, log in via an institution to check for access.
Table of contents (6 chapters)
-
Front Matter
-
Back Matter
About this book
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 comparativedoctrine, taking advantage of similarities in postcolonial legal and constitutional frameworks.Using examples such as the abolition of the death penalty and decriminalization of same-sex relations, this book traces the transnational networks of human rights lawyers and advocacy groups who engage in constitutional litigation before domestic and supranational tribunals in order to embed international human rights norms in local contexts. In turn, domestic human rights litigation influences the evolution of international law to reflect state practice in a mutually reinforcing process. Accordingly, international and foreign legal citations offer transnational human rights advocates powerful tools for legal reform.
Authors and Affiliations
-
Department of Criminology, Law and Society, George Mason University, Fairfax, USA
Andrew Novak
About the author
Bibliographic Information
Book Title: Transnational Human Rights Litigation
Book Subtitle: Challenging the Death Penalty and Criminalization of Homosexuality in the Commonwealth
Authors: Andrew Novak
Series Title: Ius Gentium: Comparative Perspectives on Law and Justice
DOI: https://doi.org/10.1007/978-3-030-28546-3
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG 2020
Hardcover ISBN: 978-3-030-28545-6Published: 14 October 2019
Softcover ISBN: 978-3-030-28548-7Published: 14 October 2020
eBook ISBN: 978-3-030-28546-3Published: 02 October 2019
Series ISSN: 1534-6781
Series E-ISSN: 2214-9902
Edition Number: 1
Number of Pages: XI, 182
Topics: Human Rights, Private International Law, International & Foreign Law, Comparative Law , Constitutional Law, Crime and Society