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Smith, Anne (2012) INTERNATIONALISATION AND CONSTITUTIONAL BORROWING IN DRAFTING BILLS OF RIGHTS. International and Comparative Law, 60 (4). pp. 867-893. [Journal article]

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URL: http://journals.cambridge.org/abstract_S002058931100042X

DOI: 10.1017/S002058931100042X


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.

Item Type:Journal article
Keywords:internationalisation, constitutional borrowing, Bills of Rights, South Africa, Canada, Northern Ireland
Faculties and Schools:Faculty of Social Sciences > School of Law
Faculty of Social Sciences
Research Institutes and Groups:Transitional Justice Institute
ID Code:31712
Deposited By: Dr Anne Smith
Deposited On:16 Jun 2015 12:18
Last Modified:17 Oct 2017 16:18

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