Fostering the Rule of Law in the Americas: Is There Any Room for Judicial Dialogue Between the IACtHR and National Courts?

Abstract

The Inter-American Court of human rights has marked significant progress in the establishment of the rule of law and the overall human rights situation in the Latin-American region with pronouncements that have served as guiding light for other regional or global human rights fora. This notwithstanding, in its attempt to restore the rule of law and to encourage political stability among State parties, the IACtHR is particularly cautious in leaving wide margin of appreciation to the States. This tendency of the Court is also evinced by the recent adoption of the conventionality control concept. Pursuant to this scheme, state courts must review the compatibility of national legislation not only with national Constitutions but also with its respected interpretation by the IACtHR. While mapping the domestic constitutional reactions to the doctrinal constructions of the Court, this paper explores whether the looming difficulty of the latter to truly embrace its subsidiary character impedes the reconceptualization of its dialogue with national courts and therefore, the solid consolidation of its jurisdiction.