Human Rights and Judicial Dialogue between America and Europe: Toward a New Model of Law?

• Main Author: F. Javier Ansuátegui Roig
• Format: Article
• Language: English
• Published: Universidad de Jaén 2016-06-01
• Series: Age of Human Rights Journal
• Subjects: judicial dialogue; deterritorialization; epistemic community; judicial comity
• Online Access: http://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/2928

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.