The Inter-American Human Rights Court and the "conversation among equals"

The purpose of this article is to reflect on the justification of the work of the Inter-American Court of Human Rights. The idea that moves this text is that, commonly, we study the decisions of the Court trying to determine whether they refer to an activist or self-restrained Court; whether those d...

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Bibliographic Details
Published in:International journal of constitutional law 2021-12, Vol.19 (4), p.1223
Main Author: Gargarella, Roberto
Format: Article
Language:Spanish
Subjects:
Democracy
Human rights
Judicial reviews
Online Access:Get full text
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Summary:The purpose of this article is to reflect on the justification of the work of the Inter-American Court of Human Rights. The idea that moves this text is that, commonly, we study the decisions of the Court trying to determine whether they refer to an activist or self-restrained Court; whether those decisions are liberal, conservative or progressive; but we seldom reflect on the very justification of the Court's task. In this brief paper, I will begin to examine the question, taking into account a particular conception of democracy-which I will call "democracy as conversation among equals." From that standpoint I will derive a certain justification of judicial review-a model of judicial review that would be sensitive to the context and institutional peculiarities of the region-that will help me to critically evaluate the role and mission of the Inter-American Court.
ISSN:1474-2640
1474-2659
DOI:10.1093/icon/moab118