The Constitutionalization of Human Rights Law 

Published by Oxford University Press, Professor Stephen Meili’s new book, The Constitutionalization of Human Rights Law, analyzes how lawyers representing refugees use human rights provisions in national constitutions to close the gap between the law and its implementation. The book focuses on five countries (Colombia, Mexico, South Africa, Uganda, the United States) in its examination of how lawyers adapt creatively to social, political, and legal contexts. The work makes important contributions to the socio-legal literature on human rights law, refugee law, and cause lawyering. 

What inspired you to put together a book on this topic? 

I have long been interested in the impact of human rights treaties on refugees and asylum-seekers. Those treaties have had limited impact in international or regional tribunals. However, now that most national constitutions include numerous human rights provisions, the possibility of enforcing human rights laws in domestic courts on behalf of refugees has never been stronger. 

What are some of the issues the book delves into? 

It looks at the strategies lawyers in several refugee-receiving nations (Colombia, Mexico, South Africa, Uganda, and the United States) use in defending their clients. It analyzes the barriers these lawyers encounter and how the interpretation of national constitutions by domestic courts is likely the next key battle- ground in the global struggle over refugee rights. 

What differentiates this book from other works on this topic? 

It is the first book that I know of that focuses on how lawyers use constitutionalized human rights law in domestic courts to protect refugees and asylum-seekers. 

What are a few key takeaways from the book? 

Lawyers in many refugee-receiving nations use similar tactics in defending their clients, and human rights laws are a critical and under-studied part of the refugee lawyer toolkit. It also exposes a very wide gap between human rights law on the books and its enforcement in domestic courts. 

Who is the target audience for the book? 

Lawyers, academics, law and graduate students. 

What is something you were surprised to discover in preparing this book? 

I was surprised by the similarities in both outlook and strategies of refugee lawyers, regardless of the country in which they are practicing. Their dedication to their clients was inspiring; that didn’t surprise me, but it was heartening. 

What do you hope to accomplish with this book? 

I hope it will encourage refugee lawyers in all countries — not only those in the five countries featured — to use their national constitutions to advocate for their clients. I also hope to encourage scholars and students to further study this area of convergence between international and domestic law. 

What is your best pitch for why someone should pick up this book? 

It tells a compelling story of how lawyers representing one of the most marginalized groups of persons on the planet creatively use their national constitutions to navigate the political and social landscape to protect the human rights of their clients. 

Anything else to share? 

Writing this book confirmed that the University of Minnesota Law School features a world-class group of smart, dedicated, and generous law librarians, student research assistants, and faculty colleagues willing to share their expertise and passion for human rights.