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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

International Human Rights Law and Municipal Law

Lucas Lixinski

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 05 April 2020

Subject(s):
Constitutions and international law — Supraconstitutional authority — Supremacy — Comparative constitutional law — State sovereignty and states' rights

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

1 The problem is deceptively simple: what happens when there are competing texts protecting the rights of individuals? In this case, the competing texts are of different origins: on the one hand, we have the domestic bill of rights, negotiated by the polity, and often embedded in the constitutional text. On the other, we have international commitments, negotiated with a view of having the core interests of all human beings at heart, by virtue of their inherent dignity, but without the direct input of individuals through a political process (rather, they are...
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