What is the key aspect of "constructive resistance" in judicial practices?

The key aspect of "constructive resistance" in judicial practices is related to the selective adherence to international human rights standards. This concept entails a critical engagement with international norms, where domestic courts may acknowledge international human rights rulings while still interpreting and applying them in a manner consistent with local contexts and legal frameworks.

This approach allows judges to navigate the complexities of their national legal systems and cultural realities while still striving to uphold fundamental human rights principles. In practice, constructive resistance can lead to a process where international standards inform local law, but do not necessarily dictate it, allowing for a more nuanced application that reflects local conditions and values. This is important in maintaining both the sovereignty of domestic legal systems and the integrity of international human rights obligations.

In contrast, complete compliance with international rulings would not allow for local interpretation or adaptation, while a bold rejection of foreign judicial decisions can undermine essential human rights protections. Integration of local laws with international norms is an important aspect of legal practice but does not fully capture the selective nature of how courts may choose to align with or diverge from those international standards.