Incoroporating International Human Rights Law in National Constitutions: The South African Experience

Abstract

This chapter assesses the human rights project in South Africa by examining first how international law has been incorporated in the Bill of Rights. Second, it evaluates the interpretation of these rights by the Constitutional Court, and more specifically, how the Court has embraced international law in its jurisprudence. The chapter argues that despite the mandate to consider international law in its deliberations, the Constitutional Court has strategically adopted international law when appropriate, but disregards international law when difficult political choices demand such marginalization, as it did with the challenge to the Truth and Reconciliation Commission.

Keywords: International Law, Constitutional Law

JEL Classification: K33, K40, K10