The Role of International Law in Shaping Domestic Constitution

Abstract

This paper talks about how foreign and international law interacts closely with domestic constitutional law to balance the growth of the rule of law in a given region. When it is appropriate, local courts in South Africa and the United States take international and foreign law into account when resolving cases. Each jurisdiction has different guidelines on whether to apply foreign or international law, as well as different standards for doing so. Above all, though, this practice ought to be supported because it advances global norms and the consistent application of international law aspects that are particularly crucial when it comes to human rights.
This article makes the case that India has made a substantial contribution to the study of international law explicitly aim to give local courts a role in judicial enforcement. In addition to addressing the standards set forth by international law, this article looks at how international law is implemented inside the Indian domestic system. It addresses the issue of who has the authority to make treaties by critically analysing the basic contradiction in domestic constitutional procedures that give treaties legal force. The role of the judiciary in India’s application of international law is examined in this article. Lastly, recommendations for the new legal framework are given in this article to improve the application of international law. Rarely does an international treaty specify how the States are to carry out its provisions instead, each State determines how to carry out its commitment on a domestic level. One significant exemption is the human rights treaty-guaranteed right of access to effective remedies. There’s no universal norm of international law dictating that every treaty has to become domestic law. Additionally, Article 2 of the International Covenant on Civil and Political Rights guarantees the opportunity to select certain implementation strategies: “Where not already provided for by existing legal or other measures, each State Party to the present Covenant undertakes”