Human rights and judicial dialogue between America and Europe: towards a new model of Law Articles uri icon

publication date

  • June 2016

start page

  • 24

end page

  • 41

issue

  • 6

International Standard Serial Number (ISSN)

  • 2340- 9592

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.

subjects

  • Law
  • Philosophy

keywords

  • judicial dialogue; deterritorialization; epistemic community; judicial comity