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...
Saved in:
| Main Authors: | , |
|---|---|
| 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 |