The international law of human rights and constitutional law: A case study of an expanding dialogue

There is a growing influence of international law on national judiciaries. Broadly speaking, this is part of a larger trend reflecting the increasing significance of international law in several spheres. First, international agreements have become major factors in the economic and political spheres in an age of globalization. Second, there is an increasing tendency to bring disputes to international tribunals, notably exemplified in the establishment of the International Criminal Court. 1 Third, and more significant to the discussion at hand, national courts are tending to increase their recourse to international instruments, particularly in the context of applying international human rights norms. This may be seen in those countries that are parties to the European Convention on Human Rights, 2 and in those that have adopted constitutions that expressly mention the international law of human rights as a source of inspiration. 3 The process that culminated in the adoption of the European Convention on Human Rights in the English Human Rights Act of 1998 is a prime example. 4