International human rights law in the Korean Constitutional Court decisions that declared a law unconstitutional

2020 ◽  
Vol 65 (2) ◽  
pp. 127-151
Author(s):  
Yoomin Won
Keyword(s):  
Human Rights ◽  
Constitutional Court ◽  
Court Decisions ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human

Legal Pluralism, Human Rights and the Right to Vote: The Case of the Noken System in Papua

2021 ◽  
Vol 22 (2) ◽  
pp. 255-286
Author(s):  
Ignatius Yordan Nugraha
Keyword(s):  
Human Rights ◽  
Local Population ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Right To Vote ◽  
The Right ◽  
Legal Pluralist

Abstract The goal of this article is to explore the clash between international human rights law and a legal pluralist framework in the case of the noken system and also to investigate potential solutions to the clash. Elections in Indonesia are generally founded on the principle of direct, universal, free, secret, honest and fair voting. There is a notable exception in the Province of Papua, where tribes in the Central Mountains area are following the noken system. Under this system, votes are allocated to the candidate(s) based on the decision of the big man or the consensus of the tribe. The Indonesian Constitutional Court has accepted this practice as reflecting the customs of the local population. However, this form of voting seems to be contrary to the right to vote under international human rights law, since article 25(b) of the International Covenant on Civil and Political Rights stipulates that elections shall be held genuinely by universal suffrage and secret ballot to guarantee the free will of the electors. Consequently, the case of the noken system in Papua reflects an uneasy clash between a legal pluralist approach and universal human rights.

Good Governance and Property Rights of the State: The Dubovets Case before the European Court of Human Rights and the Russian Constitutional Court

2019 ◽  
Vol 44 (3) ◽  
pp. 296-304
Author(s):  
Grigory Vaypan
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Good Governance ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
European Court ◽  
International Human ◽  
The Government

This contribution discusses the recent Dubovets case before both the European Court of Human Rights and the Russian Constitutional Court, and its implications for the changing design of Russian property law as increasingly shaped by international human rights law and good governance principles. Communicated in December 2016, the application in Dubovets v. Russia continues the line of the European Court’s cases against Russia on the protection of good faith private owners of real estate against property claims by the government. Prompted by this case law, the Russian Constitutional Court in its Judgment of 22 June 2017 No 16-P struck down Article 302 of the Russian Civil Code as unconstitutional insofar as it entitled the government to reclaim possession of state property that had been previously alienated due to the government’s own negligence. This judgment manifests the increasing interdependence between private and public law – of classical property law, on the one hand, and international human rights law and good governance principles, on the other hand. It also contributes to ongoing evolution in the understanding of the state’s property rights in Russia: from the superior status of public property in Soviet times – to formal equality between public and private property rights in the landmark legal instruments of the 1990s – and now to the growing need for special protection of individual property rights vis-à-vis the state, in light of the latter’s double role as both the largest owner and the (quite unrestrained) regulator.

scholarly journals Referencing International Human Rights Law In Indonesian Constitutional Adjudication

2018 ◽  
Vol 4 (2) ◽  
pp. 249
Author(s):  
Bisariyadi Bisariyadi
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Status ◽  
International Human ◽  
Constitutional Adjudication

The power of the Indonesian Constitutional Court to review laws is a constitutional adjudication process. It is a forum to resolve constitutional issues where a citizen can challenge Law that has injured his rights. The Court's reasoning provides audiences with the debates for its deliberation. Audiences may find reference to the international human rights law. It is an interesting practice. However, there is no studies yet about the information on the statistic of the Court made reference to international human rights law. As such, this study aims to identify reference to international human rights law in the Court's decision on judicial review cases from 2003 to 2016. Additionally, this study also aims to answer the question of what underlies the Court to made reference to international human rights law. As many studies show, the objective of Constitutional Court's references to the international human rights law is to strengthen constitutional rights protection. Nonetheless, the Court did not pay any interests to the global agenda of transnational constitutionalism or a convergence of rights and legal pluralism. The article is divided into 5 (five) sections, commencing with the introduction. The second part discusses the status of international human rights law in Indonesia. As the third presents information on Court's decision which cited international human rights law. Then, the fourth presents typical function of the decision that made reference to international human rights law. It concluded that the practice of referring to international law demonstrates the open attitude of Indonesian constitutional justices to the universal nature of fundamental rights.

Constitutionalisation of International Human Rights Law in the Jurisprudence of the Egyptian Supreme Constitutional Court

2018 ◽  
Vol 32 (3) ◽  
pp. 242-262
Author(s):  
Islam Ibrahim Chiha
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Development Education ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
International Human ◽  
Fundamental Rights And Freedoms

Abstract This article examines the status of international human rights law in the Egyptian legal system and investigates how Egypt’s Supreme Constitutional Court (SCC) uses international and foreign law in its constitutional interpretation of fundamental rights and freedoms. I argue that integrating international human rights law into the jurisprudence of the SCC is imperative both for protecting the rights and freedoms of Egyptian people and for resolving potential conflicts between national law and international law. I rely on cases covering rights to marriage, development, education and equality (especially for persons with disabilities).

The Role of Domestic Courts in International Human Rights Law: The Constitutional Court of Colombia and Free, Prior and Informed Consent

2016 ◽  
Vol 23 (3) ◽  
pp. 355-381
Author(s):  
José Parra
Keyword(s):  
Human Rights ◽  
International Law ◽  
Indigenous Peoples ◽  
Soft Law ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Domestic Courts ◽  
International Human

The internalization of international law by domestic courts is central to the effective implementation of international human rights law. This is particularly true for emerging rights rooted in soft law. In this regard, indigenous peoples’ rights have significantly expanded in international law over the past 20 years, essentially in the form of soft law. As a case study, the review of the jurisprudence of the Constitutional Court of Colombia illustrates ‘progressive’ interpretation of soft law, notably on free, prior and informed consent, which is enshrined in the United Nations Declaration on the Rights of Indigenous Peoples. Thus, domestic courts not only implement international human rights law, but they also foster its development.

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