The Pragmatic Case for International Human Rights: Constitutional Resilience in Domestic and International Legal Orders
International human rights law not only protects individuals: it also strengthens the resilience of domestic constitutional orders and the international legal order. This talk makes the pragmatic case for that contribution by examining two dimensions of constitutional resilience: constitutional design and its interaction with the political, social and cultural context. First, it uses the asymmetric and fragmented protection of fundamental rights in the UK post-Brexit to demonstrate how a network of multiple layers of human rights protection reinforces the rule of law and constitutional resilience by design. Second, it examines the interconnectedness and interdependence of constitutional and international protection as a contextual factor, using the Chisinau Declaration on human rights and migration as an example. The Chisinau process illustrates both vulnerability, as domestic backlash and declining international standards reinforce one another, and the potential for resilience, as international institutions contain and redirect pressure. This institutional capacity cannot, however, be taken for granted. It must be actively maintained to preserve the role that human rights can play in democratic security and constitutional resilience.
is the Sir Robert Jennings Professor of International Law and Co-director of the at the University of Leicester. She is a Visiting Research Fellow at the Institute of European and Comparative Law, University of Oxford, and a Member of the German Bar. In 2021–22 she was seconded for two years to the Europe Directorate of the Foreign, Commonwealth and Development Office (AHRC-FCDO Knowledge Exchange Fellowship). She has published widely in the areas of international, European, and comparative law, with a particular focus on the interaction of legal orders, the relationship of EU and international law, human rights and the rule of law, and executive powers in foreign policy.
This will be a hybrid event.
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Aberdeen Centre for Constitutional and Public International Law
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