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Domestic Courts Case Study

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The effectiveness of domestic courts was used as a benchmark for which to compare the effectiveness of the international system for protecting human rights. The domestic court system was always the stronger institution. This lies in its legitimacy and authority, without which the court's rulings would have no chance at being enforced. This aspect of the domestic court system in the U.S., also allows courts not only to hand down punitive sentences, but also to strike down laws (a power not enumerated in the Constitution of the U.S.). So, the best way to protect human rights internationally would be through coerscion, if the international system has the legitimacy and commands the authority to have their rulings respected by all states party

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