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COURTS AND HUMAN RIGHTS

COURTS AND HUMAN RIGHTS g iuseppe t esau Ro Human rights is a subject which relies significantly on the contribution of the courts. In fact, judges play a key role every time there are provisions granting rights or imposing duties that can be enforced directly. Nowadays, the scenario in which judges operate and the parameters of legality according to which they have to evaluate individual behavior and/or the applicable law have changed. The provi- sions granting fundamental rights are no longer solely national, often constitution- al; judges increasingly have to take into consideration international law or external sources. This means that fundamental rights may enjoy protection through differ- ent, albeit complementary, levels of legality. The consequence is that the protection may vary, remaining more or less strong, according to the possibility of applying the relevant rules of different, national and international, legal orders. Therefore, I will comment on recent Italian case law which was meant to de- vise the judge’s role in the interpretation and application of “external” provisions granting fundamental rights. The first remark I would like to make, concerns the distribution of competence between ordinary and constitutional judges in the Italian legal order. It is well- known that, after World War http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Italian Yearbook of International Law Online Brill

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6133
DOI
10.1163/22116133-90000130
Publisher site
See Article on Publisher Site

Abstract

g iuseppe t esau Ro Human rights is a subject which relies significantly on the contribution of the courts. In fact, judges play a key role every time there are provisions granting rights or imposing duties that can be enforced directly. Nowadays, the scenario in which judges operate and the parameters of legality according to which they have to evaluate individual behavior and/or the applicable law have changed. The provi- sions granting fundamental rights are no longer solely national, often constitution- al; judges increasingly have to take into consideration international law or external sources. This means that fundamental rights may enjoy protection through differ- ent, albeit complementary, levels of legality. The consequence is that the protection may vary, remaining more or less strong, according to the possibility of applying the relevant rules of different, national and international, legal orders. Therefore, I will comment on recent Italian case law which was meant to de- vise the judge’s role in the interpretation and application of “external” provisions granting fundamental rights. The first remark I would like to make, concerns the distribution of competence between ordinary and constitutional judges in the Italian legal order. It is well- known that, after World War

Journal

The Italian Yearbook of International Law OnlineBrill

Published: Jan 1, 2009

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