The International Human Rights Judiciary and the Quality of Domestic Parliamentary Process

MultiRights Postdoctoral Fellow Matthew Saul presents his ongoing research on the impact of international human rights courts and tribunals on domestic Parliaments.

Saul's paper addresses the potential of the international human rights judiciary (IHRJ) as a promoter of the quality of parliamentary process. It concentrates on two questions:

  • Does the IHRJ have a model of parliamentary process to promote?
  • And, by what modalities might it operate?

To answer these questions, the analysis draws on the institutional frameworks, relevant case law and reports from the IHRJ (especially the ECtHR, the CEDAW Committee, and the CRC Committee), along with a surrounding body of literature from multiple disciplines. A key focus of the analysis is on the challenges that might be encountered by the IHRJ, and how they might be overcome. The perspective that informs the analysis reflects an effort to maximize the overall usefulness of the IHRJ’s engagement with the quality of parliamentary process for the realization of human rights. It is contended that in order to maximize the impact of efforts in this area, there should be a focus on the scope for coordination of the practice of the IHRJ across institutions and modalities.

The MultiRights seminars are organised by the MultiRights project on the multi-level human rights judiciary. They provide a forum for discussions for researchers from various backgrounds, including law, philosophy and political science. The seminars take place on a regular basis on Tuesdays and are open for all.

Tags: Human Rights
Published Oct. 7, 2015 3:10 PM - Last modified July 20, 2020 1:39 PM