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consistency in human rights law

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7 - Judicial Decisions as a Primary Source of International Human Rights Law
from Title 2 - Normative Pluralism in International Human Rights Law
Ludovic Hennebel, Aix-Marseille University, Hélène Tigroudja, Aix-Marseille University
Book:

International Human Rights Law

Published online:

10 April 2025

Print publication:

01 May 2025, pp 81-91
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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.