Fostering the Rule of Law in the Americas

Through its nuanced case law, the Inter-American Court of Human Rights has marked significant progress in the establishment of the rule of law and the overall human rights situation in the Latin-American region with pronouncements that have remarkable normative influence to the domestic courts or other regional and global human rights fora. This notwithstanding, in its attempt to entrench the rule of law and encourage political stability among State parties, the IACtHR is particularly cautious in leaving wide margin of appreciation to the States. This tendency of the Court is also evinced by the adoption of the conventionality control concept. Pursuant to this scheme, state courts must review the compatibility of national legislation not only with national Constitutions but also with its respected interpretation by the IACtHR. While mapping the domestic constitutional reactions to the doctrinal constructions of the Court, this paper explores whether the looming difficulty of the latter to truly embrace its subsidiary character impedes the reconceptualisation of its dialogue with national courts and therefore, the solid consolidation of its jurisdiction

Consolidation (business · Economics · Human rights · Judicial interpretation · Jurisdiction · Legislation · Normative · Political science · Politics · Rule of law · Sociology · Human Rights and Development · International Law and Human Rights · Judicial and Constitutional Studies · Law

• Integration, supranational authority, and human rights

  Wayne Sandholtz•Journal of European Public Policy•2024

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