What does the concept of "constructive resistance" refer to in relation to domestic courts?

The concept of "constructive resistance" in relation to domestic courts reflects a nuanced approach to the relationship between national legal systems and international law. It typically involves situations where domestic courts may choose not to fully comply with international rulings, particularly when they perceive those rulings as being in conflict with national interests, legal principles, or constitutional rights. This concept emphasizes the autonomy of domestic legal systems and their ability to interpret and apply international law in a way that serves national interests.

In many cases, constructive resistance can be seen as a means of negotiating the balance between adhering to international obligations and protecting domestic legal frameworks and sovereignty. By doing so, domestic courts can engage critically with international norms, assessing their relevance and applicability within their own legal contexts rather than surrendering to international legal authority without exception.

Understanding this concept helps highlight the complexities within international human rights law, especially regarding how nations interpret their obligations and the manner in which domestic courts navigate the interplay between international standards and local legal traditions.