International human rights in Asian constitutions
International law is integrated into national constitutions across the world. Particularly, the convergence of national constitutions with international human rights (IHR) law has been a global trend. Asia has been underexplored in the global scholarship on constitutional convergence. This Article s...
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| Format: | Journal article |
| Language: | English |
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Duke University School of Law
2024
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| _version_ | 1811139575553196032 |
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| author | Bui, NS |
| author_facet | Bui, NS |
| author_sort | Bui, NS |
| collection | OXFORD |
| description | International law is integrated into national constitutions across the world. Particularly, the convergence of national constitutions with international human rights (IHR) law has been a global trend. Asia has been underexplored in the global scholarship on constitutional convergence. This Article seeks to make both theoretical and empirical contributions by exploring three models of convergence with IHR law in seven Asian constitutions: convergence impelled by international inducement in post-war and post-conflict states (Japan and Cambodia), convergence propelled by the domestic precommitment of new democracies (South Korea and Indonesia), and convergence compelled by the international socialization of the socialist states (China, Laos, and Vietnam). Formal convergence creates the condition for several Asian constitutional courts to engage with IHR law. Convergence is not merely a top-down project. This Article additionally proposes a bottom-up theory of discursive convergence, which holds that citizens' public discourse can influence the incorporation of IHR into constitutions. |
| first_indexed | 2024-09-25T04:08:16Z |
| format | Journal article |
| id | oxford-uuid:014cbd7a-79ea-442d-a858-9158b227add3 |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-09-25T04:08:16Z |
| publishDate | 2024 |
| publisher | Duke University School of Law |
| record_format | dspace |
| spelling | oxford-uuid:014cbd7a-79ea-442d-a858-9158b227add32024-06-14T11:53:42ZInternational human rights in Asian constitutionsJournal articlehttp://purl.org/coar/resource_type/c_dcae04bcuuid:014cbd7a-79ea-442d-a858-9158b227add3EnglishSymplectic ElementsDuke University School of Law2024Bui, NSInternational law is integrated into national constitutions across the world. Particularly, the convergence of national constitutions with international human rights (IHR) law has been a global trend. Asia has been underexplored in the global scholarship on constitutional convergence. This Article seeks to make both theoretical and empirical contributions by exploring three models of convergence with IHR law in seven Asian constitutions: convergence impelled by international inducement in post-war and post-conflict states (Japan and Cambodia), convergence propelled by the domestic precommitment of new democracies (South Korea and Indonesia), and convergence compelled by the international socialization of the socialist states (China, Laos, and Vietnam). Formal convergence creates the condition for several Asian constitutional courts to engage with IHR law. Convergence is not merely a top-down project. This Article additionally proposes a bottom-up theory of discursive convergence, which holds that citizens' public discourse can influence the incorporation of IHR into constitutions. |
| spellingShingle | Bui, NS International human rights in Asian constitutions |
| title | International human rights in Asian constitutions |
| title_full | International human rights in Asian constitutions |
| title_fullStr | International human rights in Asian constitutions |
| title_full_unstemmed | International human rights in Asian constitutions |
| title_short | International human rights in Asian constitutions |
| title_sort | international human rights in asian constitutions |
| work_keys_str_mv | AT buins internationalhumanrightsinasianconstitutions |