Can Rights Combat Economic Inequality?
In: Harvard Law Review, Band 133, S. 2017
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In: Harvard Law Review, Band 133, S. 2017
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In: Virginia Public Law and Legal Theory Research Paper No. 2020-52
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Working paper
In: Virginia Public Law and Legal Theory Research Paper No. 2019-67
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In: Oxford scholarship online
'How Constitutional Rights Matter' explores whether constitutionalizing rights improves respect for those rights in practice. Drawing on global statistical analyses, case studies in Colombia, Myanmar, Poland, Russia, and Tunisia, and survey experiments in Turkey and the United States, this text examines this important topic.
In: International studies quarterly: the journal of the International Studies Association, Band 63, Heft 3, S. 507-520
ISSN: 1468-2478
AbstractEnforcement of international law is often delegated to national courts, creating a space for them to play a part in international judicialization. Under what conditions can they do so? We argue that the answer depends on the relationship between the political and legal constraints national courts face. National courts must be careful to safeguard their independence in the face of potential backlash, but they face constraints in terms of the legal mechanisms available to them when enforcing international law. We focus on the availability of two legal mechanisms: direct effect, under which courts apply treaties directly, setting aside inconsistent domestic laws; and canons of interpretation, under which courts strive to interpret domestic laws in conformity with treaties. We find that the effects of human rights treaty ratification is greater when courts have the canon available to them than it is when courts have direct effect available to them.
In: Annual Review of Law and Social Science, Band 15, S. 155-182
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In: International studies quarterly: the journal of the International Studies Association, Band 63, Heft 3, S. 449-530
ISSN: 1468-2478
World Affairs Online