TNAG-2320-FCO40-3364-Human-rights-in-Hong-Kong-1991 — Page 140

Rights Laws held at Bangalore,

India in February 1988.46

The collected judges from Commonwealth countries, and from

the United States, drew attention to the development of human

rights jurisprudence around the international statements of

human rights contained in

in human rights instruments. They

pointed out that some of

these rights had passed into

international customary law. In many Commonwealth countries,

with established bills of rights, the commonality of the

principles enshrined in international and national laws meant

that judges could, in their Own domestic decision-making,

call upon judicial

judicial decisions and learned commentaries in

other jurisdictions for the purpose of performing their daily

tasks. The essence of the Bangalore Principles can, be

found in the following statements:

"7.

8.

-

It is within the proper nature of the judicial process and well-established judicial functions for national courts to have regard to international obligations which a country undertakes whether or not they have been incorporated into basic law

for the purpose of removing ambiguity or uncertainty from national constitutions, legislation or common law.

However, where national law is clear and inconsistent with the international obligations of the State concerned, in common law countries the national court is obliged to give effect to national law. In such cases a court should draw such inconsistency to the attention of the appropriate authorities

the supremacy of national law in no way mitigates a breach of an international legal obligation which is undertaken by a country.

"

since

The judges at Bangalore called attention to the need to

promote the availability

of international human rights

jurisprudence. This is something which the Commonwealth

Secretariat and other bodies have set about doing.

-

- 20 -