Direct Application of the Bill of Rights
While interpreting legislation, one has to promote the values incorporated in the Bill of Rights because it has to be assumed that the legislature intends to further these values when passing legislation. Such interpretation shall be the rule, unless it can be established otherwise by showing that the legislation is genuinely ambiguous or unclear.
Continue reading “Application of the Bill of Rights”
Each human right constitutes either a public law relationship between human beings and public authorities or a relationship between private parties.
Continue reading “A Human Right As A Normative Standard And A Legal Relationship”
Though discussions about the status of international instruments in the national legal system and their direct applicability in domestic courts is important to assess the domestic implementation of international human rights standards, it should be complemented by other dimensions, including the non-legal ones, to have a fuller picture.
Continue reading “Aspects of Domestic Implementation of International Human Rights”