Domestic legislatures and international human rights law: Legislating on religious symbols in Europe

Abstract

This article examines the dynamics of domestic legislatures' application of international human rights law. Specifically, this article asks: what factors shape how domestic legislatures apply international human rights law while they enact national law and policy? Lawmakers have a variety of motives for invoking and deliberating international law. Given these motives, the article identifies two factors -civil society actors and legal experts' and the flexibility of international law -that are likely to contribute to if and how national legislatures interpret and apply international human rights law while legislating. These factors are examined through case studies on religion in schools in the UK, Germany and France. This article argues civil society actors and legal experts and the flexibility of international law inform lawmakers' estimation of political costs related to compliance and thus how they apply international human rights law to domestic legislation.2

The Cultural Role of Civil Societies and the National Parliament in the Domestic Enforcement of International Laws on Corruption in Tanzania

“…According to the UN (2003, p.6), governments need to support the involvement of individuals and civil societies if their anti-corruption efforts are to be effective. Some scholars share similar views (Charnovitz, 2006;Mallya, 2005;Spiro, 2012;Madaha, 2014;Squatrito, 2016;Hillebrecht, 2017).…”

“…Although Squatrito (2016) suggests that civil societies inform the parliamentarians of the public's wishes on a particular international law, a unique explanation of the study's findings is that civil societies in young democracies need to go the extra mile to explore the utilization of public resources. Young democracies lack the institutional capacity to ensure effective and efficient utilization of public resources.…”

“…The national legislatures, including the one in Tanzania, remain critical national organs responsible for legalizing and enforcing various international laws at the country level (Cortell & Davis, 1996;Checkel, 1999;Kelley, 2004;Hafner-Burton, 2005;Slagter, 2009;Verdier & Versteeg, 2017). Although Squatrito (2016) pinpoints that scholars need to be more knowledgeable of the domestic enforcement of international law, studies focusing on the culture of civil societies and the Parliament in enforcing international law on corruption at the domestic level are scant. Madaha (2018) presents two well-established phenomena that indicate the influence of culture within the Tanzanian context.…”

“…Although the motivation for the domestication of international law varies across countries (see Cortell & Davis, 1996;Checkel, 1999;Kelley, 2004;Hafner-Burton, 2005;Slagter, 2009), national legislatures, including the one in Tanzania, remain critical national organs to legalize and enforce various international laws at the country level. Squatrito (2016) pinpoints a need for more knowledge of the domestication of international law across countries. Further, studies focusing on the role of the culture of the public and civil society, particularly in influencing anticorruption efforts and enforcing international law on corruption at the domestic level, are scant.…”