Publication:
Human rights and judicial dialogue between America and Europe: towards a new model of Law

Loading...
Thumbnail Image
Identifiers
Publication date
2016-06-27
Defense date
Advisors
Tutors
Journal Title
Journal ISSN
Volume Title
Publisher
Universidad de Jaén
Impact
Google Scholar
Export
Research Projects
Organizational Units
Journal Issue
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.
Description
Keywords
Judicial dialogue, Deterritorialization, Epistemic community, Judicial comity
Bibliographic citation
Ansuátegui Roig, F. J. (2016). Human Rights and Judicial Dialogue between America and Europe: Toward a New Model of Law?. The Age of Human Rights Journal, (6), 24–41.