Human rights and judicial dialogue between America and Europe: toward a new model of law?

• Ansuátegui Roig, F. Javier ^[1]
  1. [1] Universidad Carlos III de Madrid

     Universidad Carlos III de Madrid

     Madrid, España

     
• Localización: The Age of Human Rights Journal, ISSN-e 2340-9592, ISSN-e 2340-9592, Nº. 6, 2016, págs. 24-41
• Idioma: inglés
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• Resumen

  • 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.