Chapter

International Human Rights and Rights in the United States<sup>*</sup>

Louis Henkin

in Human Rights in International Law

Published in print June 1986 | ISBN: 9780198255406
Published online March 2012 | e-ISBN: 9780191681592 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198255406.003.0002
International Human Rights and Rights in the United States*

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International human rights have developed from many separate strands in international relations and international law, but most directly from domestic systems of rights protection. Students of the subject often approach the field from the domestic perspective. The fact that they approach it at all indicates that they are farsighted enough to recognize that the frequent absence of domestic-type enforcement mechanisms does not negate human rights as legal norms. This chapter offers a comparative jurisprudential perspective that provides a sound foundation on which to build. It compares the U.S. constitutional system, which is a principal human rights system, to the international system. In broad strokes, it traces the different notions of the concept of rights, their place in U.S. national political theory, the advantages and disadvantages of the U.S. conception of rights, and the role of judicial review. Teaching suggestions, syllabus, and bibliographies are provided at the end of the chapter.

Keywords: international relations; international law; human rights; United States; constitutional system; judicial review; political theory

Chapter.  17768 words. 

Subjects: Public International Law

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