How Supreme is the Supreme Law of the Land? A Comparative Analysis of the Influence of International Human Rights Conventions Upon the Interpretation of Constitutional Texts by Domestic Courts
Bibliographic record
Abstract
International human rights law bears substantial resemblance to constitutional law as both bodies of law share similar social functions and goals. Still, courts in a number of influential legal systems, most notably in the U.S., have long resisted attempts to construe their constitutional texts in light of binding international human rights instruments. The article explores the largely inadequate degree of incorporation of international human rights treaty norms in the constitutional law of six common law countries (U.S., Canada, Australia, Israel, the U.K., and South Africa) and identifies the causes for judicial reluctance to fully incorporate international human rights law into constitutional law. The article then challenges the view that incorporation could violate constitutional principles, introduce legal disharmony and raise cultural and political objections. It posits that numerous legal policy considerations support incorporation at the constitutional level. Most importantly, it asserts that international human rights law requires such incorporation.
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.001 |
| Science and technology studies | 0.001 | 0.004 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.001 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".