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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

National Implementation of International Court Decisions

James AR Nafziger

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 22 October 2021

Rule of law — Administration of justice — Judicial review — Judicial power — International law — Individual rights

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1. The effect or influence of an international court decision within a domestic legal system may be conditioned by any of several variables. Among these are internal and external political exigencies and pressures, the cogency or pertinence of a judgment, an internal openness or even need for definitive international authority or guidance to resolve an issue, and a general willingness to accept a judicial solution of the issue. Underlying all of these variables, however, are the foundations and requirements of unwritten constitutionalism or a written constitution...
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