The Influence of Transjudicial Conversation in the Cross-fertilization of Philippine Human Rights Jurisprudence

Transjudicial conversation refers to the domestic court's judicial practice of cross-citing foreign decisions on common and shared human rights issues. Scholars have argued that this phenomenon facilitates the cross-fertilisation of rights norms and standards across territories. While this has...

Full description

Saved in:
Bibliographic Details
Main Authors: James Gregory Alcaraz Villasis, Naparat Kranrattanasuit
Format: Article
Language:English
Published: Sriwijaya University 2024-07-01
Series:Sriwijaya Law Review
Subjects:
Online Access:https://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/3574
Tags: Add Tag
No Tags, Be the first to tag this record!
_version_ 1849227064383635456
author James Gregory Alcaraz Villasis
Naparat Kranrattanasuit
author_facet James Gregory Alcaraz Villasis
Naparat Kranrattanasuit
author_sort James Gregory Alcaraz Villasis
collection DOAJ
description Transjudicial conversation refers to the domestic court's judicial practice of cross-citing foreign decisions on common and shared human rights issues. Scholars have argued that this phenomenon facilitates the cross-fertilisation of rights norms and standards across territories. While this has been documented and studied in various jurisdictions, its incidence and effect in the Philippine context is yet to be fully understood. The paper thus seeks to explore the extent of such influence in the Philippine setting, specifically in the development of domestic human rights jurisprudence. In order to examine its impact, this research employs a qualitative research design. Select cases on free speech and religious exercise rights were analysed using doctrinal and content analysis approaches. These cases were purposively chosen, considering that Philippine provisions on these rights have shown close affinity with foreign constitutions. The analysis reveals that the participation of the Philippine Supreme Court in the transjudicial conversation phenomenon generally causes the cross-border fertilisation of human rights norms. Particularly, the impact of this engagement contributes to filling the gap in the domestic understanding of human rights concepts, expanding existing legal systems such as human rights and penal laws, and aligning national human rights systems with international laws. Such impacts enrich the domestic understanding of free speech and religious rights, specifically drawing bright lines between legitimate state intervention and individual enjoyment of the rights.
format Article
id doaj-art-31b6070044524436af4efc1bc5b2153c
institution Kabale University
issn 2541-5298
2541-6464
language English
publishDate 2024-07-01
publisher Sriwijaya University
record_format Article
series Sriwijaya Law Review
spelling doaj-art-31b6070044524436af4efc1bc5b2153c2025-08-24T02:35:33ZengSriwijaya UniversitySriwijaya Law Review2541-52982541-64642024-07-018210.28946/slrev.Vol8.Iss2.3574.pp393-416700The Influence of Transjudicial Conversation in the Cross-fertilization of Philippine Human Rights JurisprudenceJames Gregory Alcaraz Villasis0Naparat Kranrattanasuit1Institute of Human Rights, University of the Philippines Law CenterInstitute of Human Rights and Peace Studies, Mahidol UniversityTransjudicial conversation refers to the domestic court's judicial practice of cross-citing foreign decisions on common and shared human rights issues. Scholars have argued that this phenomenon facilitates the cross-fertilisation of rights norms and standards across territories. While this has been documented and studied in various jurisdictions, its incidence and effect in the Philippine context is yet to be fully understood. The paper thus seeks to explore the extent of such influence in the Philippine setting, specifically in the development of domestic human rights jurisprudence. In order to examine its impact, this research employs a qualitative research design. Select cases on free speech and religious exercise rights were analysed using doctrinal and content analysis approaches. These cases were purposively chosen, considering that Philippine provisions on these rights have shown close affinity with foreign constitutions. The analysis reveals that the participation of the Philippine Supreme Court in the transjudicial conversation phenomenon generally causes the cross-border fertilisation of human rights norms. Particularly, the impact of this engagement contributes to filling the gap in the domestic understanding of human rights concepts, expanding existing legal systems such as human rights and penal laws, and aligning national human rights systems with international laws. Such impacts enrich the domestic understanding of free speech and religious rights, specifically drawing bright lines between legitimate state intervention and individual enjoyment of the rights.https://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/3574Freedom of ExpressionGap-Filling MechanismHuman Rights Norms and StandardsReligious FreedomTransjudicial Conversation.
spellingShingle James Gregory Alcaraz Villasis
Naparat Kranrattanasuit
The Influence of Transjudicial Conversation in the Cross-fertilization of Philippine Human Rights Jurisprudence
Sriwijaya Law Review
Freedom of Expression
Gap-Filling Mechanism
Human Rights Norms and Standards
Religious Freedom
Transjudicial Conversation.
title The Influence of Transjudicial Conversation in the Cross-fertilization of Philippine Human Rights Jurisprudence
title_full The Influence of Transjudicial Conversation in the Cross-fertilization of Philippine Human Rights Jurisprudence
title_fullStr The Influence of Transjudicial Conversation in the Cross-fertilization of Philippine Human Rights Jurisprudence
title_full_unstemmed The Influence of Transjudicial Conversation in the Cross-fertilization of Philippine Human Rights Jurisprudence
title_short The Influence of Transjudicial Conversation in the Cross-fertilization of Philippine Human Rights Jurisprudence
title_sort influence of transjudicial conversation in the cross fertilization of philippine human rights jurisprudence
topic Freedom of Expression
Gap-Filling Mechanism
Human Rights Norms and Standards
Religious Freedom
Transjudicial Conversation.
url https://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/3574
work_keys_str_mv AT jamesgregoryalcarazvillasis theinfluenceoftransjudicialconversationinthecrossfertilizationofphilippinehumanrightsjurisprudence
AT naparatkranrattanasuit theinfluenceoftransjudicialconversationinthecrossfertilizationofphilippinehumanrightsjurisprudence
AT jamesgregoryalcarazvillasis influenceoftransjudicialconversationinthecrossfertilizationofphilippinehumanrightsjurisprudence
AT naparatkranrattanasuit influenceoftransjudicialconversationinthecrossfertilizationofphilippinehumanrightsjurisprudence