Results for 'Navish Jheelan'

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    Judicial Use of Foreign Law in Human Rights Cases: Illegitimate and Unacceptable Practice? [REVIEW]Navish Jheelan - 2011 - Human Rights Review 12 (1):15-25.
    The use of foreign law by national courts when deciding cases that concern fundamental rights has provoked a debate on the legitimacy of the judiciary to resort to this practice. Indeed, many arguments have been made by legal scholars to support the proposition that judges should not take account of unincorporated international human rights instruments or the decisions of foreign courts when they decide cases that concern fundamental rights. This article puts these arguments to scrutiny, and discusses whether this judicial (...)
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