Constitutional amendment and international human rights standards: a multilevel approach with particular focus on the Spanish case Online publication date: Mon, 30-Nov-2020
by Luis Jimena-Quesada
International Journal of Human Rights and Constitutional Studies (IJHRCS), Vol. 7, No. 4, 2020
Abstract: The present paper focuses on the influence of international human rights standards in constitutional review procedures, by taking the internationalisation of the constituent function as the main premise in parallel with the internationalisation of human rights. With this in mind, the author submits to scrutiny the positive impact of both universal (United Nations) and regional human rights standards (including comparative approaches to the European and Inter-American human rights) on the adoption of new constitutional provisions (with special focus on Spain). From this perspective, the author also emphasises the complementary synergies between international and national jurisdictions as an ordinary mechanism to defend the national constitutional order in the light of international human rights instruments. The paper concludes that, while international human rights standards are modified to adjust themselves to new needs and realities, such external modifications may require constitutional amendments via a positive exercise of the constituent function.
Online publication date: Mon, 30-Nov-2020
If you are not a subscriber and you just want to read the full contents of this article, buy online access here.Complimentary Subscribers, Editors or Members of the Editorial Board of the International Journal of Human Rights and Constitutional Studies (IJHRCS):
Login with your Inderscience username and password:
Want to subscribe?
A subscription gives you complete access to all articles in the current issue, as well as to all articles in the previous three years (where applicable). See our Orders page to subscribe.
If you still need assistance, please email email@example.com