Human Rights and Judicial Dialogue between America and Europe: Toward a New Model of Law?
Journal Title: The Age of Human Rights Journal - Year 2016, Vol 6, Issue 6
Abstract
In a context of progressive deterritorialization, the analysis of the judicial dialogue has certain profits when reformulating some aspects of a particular way of understanding the law, characterized by the principle of territoriality and by a theory of the sources of law in which the judge has a clearly secondary position in relation to the legislature and in which the sources are relevant since they are understood as explicit expression of a will. This paper describes the operability of the dialogue between the Inter-American Court of Human Rights and the European Court of Human Rights which, horizontally and voluntarily, can help create a context of community in relation to the contents of human rights, based on the recognition of the value of judicial arguments and the judge's self-understanding as members of a hermeneutical community.
Authors and Affiliations
F. Javier Ansuátegui Roig
Keywords
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- EP ID EP691846
- DOI 10.17561/tahrj.v0i6.2928
- Views 148
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