Book contents
- International Human Rights Law
- International Human Rights Law
- Copyright page
- Dedication
- Contents
- About the Authors
- Acknowledgments
- Note on the Text
- Table of Cases
- Abbreviations
- Part I Foundations of International Human Rights Law
- Title 1 Theoretical Elements of International Human Rights Law
- Title 2 Normative Pluralism in International Human Rights Law
- 5 The Treaty-Based Structure of International Human Rights Law
- 6 Nonconventional Formation of International Human Rights Law
- 7 Judicial Decisions as a Primary Source of International Human Rights Law
- 8 The Place of Soft Law Standards in International Human Rights Law
- Title 3 The Relationship Between International Human Rights Law and Other Branches of International Law
- Part II The Machinery of International Human Rights Law
- Part III The Interpretation of International Human Rights Law
- Part IV Remedies and Implementation of International Human Rights Decisions
7 - Judicial Decisions as a Primary Source of International Human Rights Law
from Title 2 - Normative Pluralism in International Human Rights Law
Published online by Cambridge University Press: 10 April 2025
- International Human Rights Law
- International Human Rights Law
- Copyright page
- Dedication
- Contents
- About the Authors
- Acknowledgments
- Note on the Text
- Table of Cases
- Abbreviations
- Part I Foundations of International Human Rights Law
- Title 1 Theoretical Elements of International Human Rights Law
- Title 2 Normative Pluralism in International Human Rights Law
- 5 The Treaty-Based Structure of International Human Rights Law
- 6 Nonconventional Formation of International Human Rights Law
- 7 Judicial Decisions as a Primary Source of International Human Rights Law
- 8 The Place of Soft Law Standards in International Human Rights Law
- Title 3 The Relationship Between International Human Rights Law and Other Branches of International Law
- Part II The Machinery of International Human Rights Law
- Part III The Interpretation of International Human Rights Law
- Part IV Remedies and Implementation of International Human Rights Decisions
Summary
Judicial decisions play a crucial role in the development of international human rights law. This chapter discusses the absence of a formal rule of precedent, the principle of legal certainty, and the influence of international judicial decisions on the human rights framework. It examines how judicial decisions from international, regional, and domestic courts contribute to the development and interpretation of human rights norms. The chapter also discusses the challenges and limitations of relying on judicial decisions as a primary source of human rights law, including issues of consistency, coherence, and legitimacy. It highlights the importance of judicial decisions in shaping human rights law and the need for a balanced approach to ensure legal certainty and predictability.
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- International Human Rights LawA Treatise, pp. 81 - 91Publisher: Cambridge University PressPrint publication year: 2025