INTERNATIONALISATION AND CONSTITUTIONAL BORROWING IN DRAFTING BILLS OF RIGHTS

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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.
Original languageEnglish
Pages (from-to)867-893
JournalInternational and Comparative Law Quarterly
Volume60
Issue number4
DOIs
Publication statusPublished - 1 Oct 2012

Keywords

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

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