Judicial Activism of the Interamerican Court of Human Rights

Authors

  • Ruth Martinón Quintero Universidad de La Laguna

Abstract

Within the current debate about the proliferation of international tribunals and its consequences, this article studies the factors that in theory should promote the jurisprudential activism of such tribunals. In particular, we see their impact on the work of the Inter-American Court of Human Rights, while the main criticisms of its activism are raised. Thereby, it is exposed that at least in this specific case the basis of the divergences between the opposing opinions arise from different conceptions of international law and its relation to the domestic laws, and, more specifically, to the defense or not of the existence of a global international law of human rights.

Keywords:

International courts, international judicial activism, Interamerican Court of Human Rights, International Law on Human Rights