The constitutional principle of respect for international law as an element of the principle of the rule of law
Author | Affiliation | |
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Lietuvos Respublikos Konstitucinis Teismas |
Date |
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2016 |
Respect for international law is usually not explicitly included in the list of elements making up the content of the rule of law. However, in the Rule of Law Checklist, adopted by the Venice Commission, compliance with international law and, in particular, with human rights law, is enlisted as one of the elements of the principle of legality.1 Besides, according to the generally accepted substantive definition of the rule of law, the compliance of national laws with international human rights standards constitutes an inseparable part of this concept. Taking into account the humanisation of international law and the evolutive development of both substantive and procedural human rights standards, international norms become relevant for the content of the rule of law as a whole. In this report, the main attention is placed on the constitutional principle of respect for international law to the effect that it provides the basis for the openness of the Constitution to international law. The practical implications of this principle are illustrated by the landmark constitutional justice cases that reveal how the interpretation of the Constitution in line with international law is realised in practice. In parallel, the impact of the openness of the Constitution to international law in strengthening the rule of law is revealed.
International Conference of the Justices of the Constitutional Courts of Georgia, the Republic of Lithuania, the Republic of Moldova, and Ukraine (Vilnius Forum), held in Vilnius on 24–25 October 2016