Introduction: Judicial Constitutional Engagement with International Law in Asia

Abstract

The interaction between international law and constitutional law has been increasingly recognized as salient to understanding the functioning of both and hence as worthy of academic attention. This Introduction to a special issue on how a selection of five Asian courts engage with international law when adjudicating constitutional cases explains the significance of studying such judicial behaviours, outlines the conceptual framework to be used in this regard, and identifies and reflects on some of the key findings from the case studies, including by highlighting domestic constitutional factors that help account for observed divergencies in judicial approach. This contribution also points to the value of examining courts' attitudes towards international law for a variety of scholarly debates.