INTERNATIONALISATION AND CONSTITUTIONAL BORROWING IN DRAFTING BILLS OF RIGHTS

Research output: Contribution to journalArticle

Abstract

This article looks at the recent phenomena of internationalisation and constitutional borrowing in drafting Bills of Rights. Using South Africa, Canada and Northern Ireland as its focus, this article posits key lessons to be considered in any society hoping to use these two strategies to best effect in designing indigenous Bills of Rights. This contribution makes the case that while these are viable strategies in equality and other rights provision drafting, before embarking on such trajectories, the local context must be considered.In short, effective and sensitive interaction between the ‘local and the global’ can result in a more rewarding project when those involved in formulating an indigenous Bill of Rights simultaneously reflect best international practice. The article is supported in its conclusions by a series of semi-structured interviews with key players involved in the drafting process in Northern Ireland and Canada.
LanguageEnglish
Pages867-893
JournalInternational and Comparative Law Quarterly
Volume60
Issue number4
DOIs
Publication statusPublished - 1 Oct 2012

Fingerprint

internationalization
bill
Canada
equality
interaction
interview
Society

Keywords

  • internationalisation
  • constitutional borrowing
  • Bills of Rights
  • South Africa
  • Canada
  • Northern Ireland

Cite this

@article{813d0e9a25524c56b0fcc900e3afde61,
title = "INTERNATIONALISATION AND CONSTITUTIONAL BORROWING IN DRAFTING BILLS OF RIGHTS",
abstract = "This article looks at the recent phenomena of internationalisation and constitutional borrowing in drafting Bills of Rights. Using South Africa, Canada and Northern Ireland as its focus, this article posits key lessons to be considered in any society hoping to use these two strategies to best effect in designing indigenous Bills of Rights. This contribution makes the case that while these are viable strategies in equality and other rights provision drafting, before embarking on such trajectories, the local context must be considered.In short, effective and sensitive interaction between the ‘local and the global’ can result in a more rewarding project when those involved in formulating an indigenous Bill of Rights simultaneously reflect best international practice. The article is supported in its conclusions by a series of semi-structured interviews with key players involved in the drafting process in Northern Ireland and Canada.",
keywords = "internationalisation, constitutional borrowing, Bills of Rights, South Africa, Canada, Northern Ireland",
author = "Anne Smith",
year = "2012",
month = "10",
day = "1",
doi = "10.1017/S002058931100042X",
language = "English",
volume = "60",
pages = "867--893",
journal = "International and Comparative Law Quarterly",
issn = "0020-5893",
publisher = "Cambridge University Press",
number = "4",

}

INTERNATIONALISATION AND CONSTITUTIONAL BORROWING IN DRAFTING BILLS OF RIGHTS. / Smith, Anne.

In: International and Comparative Law Quarterly, Vol. 60, No. 4, 01.10.2012, p. 867-893.

Research output: Contribution to journalArticle

TY - JOUR

T1 - INTERNATIONALISATION AND CONSTITUTIONAL BORROWING IN DRAFTING BILLS OF RIGHTS

AU - Smith, Anne

PY - 2012/10/1

Y1 - 2012/10/1

N2 - This article looks at the recent phenomena of internationalisation and constitutional borrowing in drafting Bills of Rights. Using South Africa, Canada and Northern Ireland as its focus, this article posits key lessons to be considered in any society hoping to use these two strategies to best effect in designing indigenous Bills of Rights. This contribution makes the case that while these are viable strategies in equality and other rights provision drafting, before embarking on such trajectories, the local context must be considered.In short, effective and sensitive interaction between the ‘local and the global’ can result in a more rewarding project when those involved in formulating an indigenous Bill of Rights simultaneously reflect best international practice. The article is supported in its conclusions by a series of semi-structured interviews with key players involved in the drafting process in Northern Ireland and Canada.

AB - This article looks at the recent phenomena of internationalisation and constitutional borrowing in drafting Bills of Rights. Using South Africa, Canada and Northern Ireland as its focus, this article posits key lessons to be considered in any society hoping to use these two strategies to best effect in designing indigenous Bills of Rights. This contribution makes the case that while these are viable strategies in equality and other rights provision drafting, before embarking on such trajectories, the local context must be considered.In short, effective and sensitive interaction between the ‘local and the global’ can result in a more rewarding project when those involved in formulating an indigenous Bill of Rights simultaneously reflect best international practice. The article is supported in its conclusions by a series of semi-structured interviews with key players involved in the drafting process in Northern Ireland and Canada.

KW - internationalisation

KW - constitutional borrowing

KW - Bills of Rights

KW - South Africa

KW - Canada

KW - Northern Ireland

U2 - 10.1017/S002058931100042X

DO - 10.1017/S002058931100042X

M3 - Article

VL - 60

SP - 867

EP - 893

JO - International and Comparative Law Quarterly

T2 - International and Comparative Law Quarterly

JF - International and Comparative Law Quarterly

SN - 0020-5893

IS - 4

ER -