LEX LOCI AND JUS GENTIUM: COMPLEMENTARY APPROACH IN PROTECTING HUMAN RIGHTS
By Md. Rameezur Rahman
This paper seeks to highlight the necessity of harmonization between municipal law and international law while addressing the issues of human rights. An attempt has been made to compare the Universal Declaration of Human Rights with the Constitution of India. The paper further explores the other basic international instruments in which the position of India has been discussed. While analyzing different tenets of international law, a reference is made to the judicial approach in harmonizing the international law and the municipal law, including the interpretation of the human rights instruments by the Indian courts. An attempt has been made through the analysis of case laws, to put forth a view that the international instruments are not only essential tools in interpreting municipal law but have become an important source of law which has a definite bearing on municipal law itself.
Keywords: Constitution, Convention, Directive Principles, Fundamental Rights, Human Rights, International Law, Municipal Law.
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