Lovgivers rolle som fortolker af internationale retskilder: På hvilken måde gælder menneskerettighederne i Danmark?

Research output: Contribution to journalJournal articleResearchpeer-review

Abstract

According to the dominant view in the Danish discussions on the relationship between national and international legal norms, the courts ought to practice a restrained interpretation of international human rights obligations. The crucial underlying argument is that the most legitimate interpreter and implementer is the legislator, who therefore is expected to exercise an ongoing and profound evaluation and implementation of human rights norms.

However, so far no analyses of the interpretation practice of the Danish legislative power has been undertaken. Hence, in this article, a number of recent Bills are analyzed in order to scrutinize the ways in which the Danish government presents and applies relevant human rights norms in the preparatory work.

I conclude that prevalent viewpoints in the constitutional doctrine need to be revised. Thus, the analysis identifies a distinct minimalistic mode of interpretation in the law making processes and a reluctant approach to implementing and specifying human rights norms for the administrative authorities. Hence, the article raises doubts about the actual status of international human rights in Danish law, as neither the courts nor the legislator make comprehensive use of international human rights law.
Original languageDanish
JournalTidsskrift for Rettsvitenskap
Volume132
Issue number1
Pages (from-to)3-50
Number of pages47
ISSN0040-7143
DOIs
Publication statusPublished - 2019

Cite this