Verticalizing and Horizontalizing the Notion of ‘Legality’ under International Human Rights Law

Abstract This chapter conducts a systematic analysis of this layered notion of ‘legality’ under IHRL using the various concepts of Vertical Legality and Horizontal Legality developed in the previous chapter and is divided into three substantive sections. The first section illustrates the ‘layered’ nature of the legality requirements embedded in IHRL for the right to life and the right to liberty by surveying their formulation. The second section explores the vertical dimension of these legality requirements and demonstrates the vision for Positive Legality. The third section explores the horizontal dimension of these legal requirements and demonstrates the vision for System-wide Legality.