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Transnational Evaluation Of Constitutions Through The Prism Of International Law And Human Rights

Posted on:2020-07-15Degree:DoctorType:Dissertation
Country:ChinaCandidate:Ali ShirvaniFull Text:PDF
GTID:1486305771476194Subject:International Law
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International law and human rights obligations and norms are growing universally by states practice and consent,especially in national legislation and smoothly constitution.Principles of international law and human rights obligations are increasingly adopted in national legislation.Since the foundation of the United Nations(1945)and adoption of the Universal Declaration of Human Rights(1948),subjects such as state,sovereignty,humankind,and rights have been keeping updating and upgrading from conceptual and contextual perspectives.However,the fact is that most constitutions were promulgated before the establishment of United Nations(1945),while many of them have been updated(amended)after that.Statistically,in the late 1990s,more than half of the current constitutions came into force.The proportion was up to a third in the 21st century.The number of amendments is increasing periodically.These newly amended constitutions are not only facing international law normative updates but also their antecedent states' obligations of incorporated human rights.International law and human rights are making a significant contribution to the conceptual and contextual changes in constitutions.While constitutions are the national matters,consequently public law,the question is the possibility of classification and evaluation of constitutions by international law and human rights at the first stage.The second question is the connection of two different fields of law,i.e.,international law and constitutional law;the hypothesis approximates the two through the comparative,transnational approach and use of standard ground connections.Scrutiny of the updated constitutions which are affected by international obligations and norms,improves the rule of law and good governance by shedding light on public law dimensional sphere which is a gap from a common point of international and constitutional law view.This research is trying to find common international law and human rights values for classification of constitutions first and second rendering the extracted values as a sample evaluation index.
Keywords/Search Tags:International Law, Human Rights, Constitutional Law, Transnational, Comparison
PDF Full Text Request
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