Inter-fertilisation jurisprudentielle: Quand le juge de la Cour africaine dialogue avec ses homologues européen et interaméricain

• RAFAÂ BEN ACHOUR ^[1]
  1. [1] University of Carthage

     University of Carthage

     Túnez

     
• Localización: Ordine Internazionale e Diritti Umani, ISSN-e 2284-3531, Nº. 5, 2021, págs. 1144-1153
• Idioma: italiano
• Títulos paralelos:
  • Jurisprudential dialogue: When the judge of the African Court dialogues with his colleagues of the European and the Inter-American Human Rights’ courts
• Enlaces
  • Texto completo (pdf)
• Resumen

  • This contribution relates to what doctrine qualifies as a “dialogue of judges”. It indeed represents a reciprocal enrichment of “case law” - through a borrowed and inspired business whose ultimate goal is to consolidate judicial action. “Case law” has played a role of utmost importance in the construction of public international law in general and of international human rights law in particular, with specific regard to its interpretation and its application.

    This reflection deals with the analysis of “cross-fertilization” practiced by the African Court on Human and Peoples’ Rights, going around four axes:

    A. the reasons which may have motivated the reference by the African Court to the jurisprudence of the other two Courts ;

    B. the benchmarks adopted by the African Court in this regard;

    C. the illustrations with reference to that; and finally D. the differences with the practice of the other two jurisdictions.