The expansion of constitutional protections through international law

Surana, Praggya (2024) The expansion of constitutional protections through international law. In: Research Handbook on International Law and Domestic Legal Systems. Elgar, pp. 218-237. ISBN 9781800373167

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Abstract

This chapter looks at how the demand placed by international law on domestic systems can be leveraged by domestic actors such as courts to expand the scope of constitutional and other protections within states, deepening rights protections over time. It builds on Thomas Franck's 'democratic entitlement' argument in a novel way, where international law is not imposed by outsiders but relied upon by progressive actors within domestic societies as a possible bulwark against majoritarianism and authoritarianism.

Item Type: Book Section
Keywords: Democratic entitlement | Expansive interpretation | Domestic actors | Human dignity | Backsliding | Authoritarianism | Majoritarianism
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Dharmveer Modi
Date Deposited: 18 Oct 2024 17:14
Last Modified: 25 Oct 2024 13:06
Official URL: https://doi.org/10.4337/9781800373167.00019
URI: https://pure.jgu.edu.in/id/eprint/8665

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