How courts protect human rights by comparing cases

Postdoctoral Fellow Amrei Müller's project on how judicial dialogues - how courts interact - is featured on Science Nordic. 

In her research, Amrei discusses how courts protect human rights by refering to and comparing cases from other jurisdictions in their legal analysis. Interaction can be found between domestic courts, as well as between international courts. 

Domestic and international courts use judicial dialogue in different ways. Reference to other judgements can help support a legal argument, and strengthen the legitimacy of a decision. 

Although there is no definitive link between increased interaction and increased human rights protection, Amrei points out that the two are positively related. Through dialogue, courts develop a common interpretation and understanding of what a specific right entails. 

You can read the story in full on Science Nordic or the Department of Public and International Law.

Tags: Human Rights, Human Rights Law, International Courts and Tribunals
Published Sep. 2, 2016 3:37 PM - Last modified Mar. 9, 2017 8:42 AM