The Rule of Law and the Inter- American Court of Human Rights
Keywords:
Rule of law, legality, non-retroactivity, reciprocity, Inter-American Court of Human Rights.Abstract
The article discusses the concept of the rule of law, its applicability at the international level, and the view of the Inter-American Court of Human Rights in that respect. Through a critical analysis of inter-American jurisprudence, the autor acknowledges the way in which the Court has promoted the values of the rule of law in the states parties to the American Convention. However, the article also identifies areas of jurisprudence where the Court itself has generated a certain amount of tension surrounding the very same standards it has set concerning the rule of law in different legal spheres (e.g., doctrine of implied rights, protection of the right to life, reopening criminal proceedings, review for compliance and motion for review). To overcome these tensions, it is suggested our understanding of the concept of the rule of law at the inter-American level be reinforced and, hence, the virtuous relationship of reciprocity that notion implies.
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