The Inter-Institutional Dimension of the Fundamental Rights RevolutionThe Colombian–American Implications of the Franco-European Experience

Abstract

Abstract This chapter offers a comparative study between the judiciaries of France/Europe and Colombia/Latin America, in the context of the 'fundamental rights revolution'. After explaining the Franco-European system of interaction, it assesses what this analysis may suggest regarding the elaboration of human rights jurisprudence in Colombia and other Latin American countries that operate under the Inter-American Human Rights System. Whereas Colombia has distinct 'judicial hierarchies' (Constitutional Court, Supreme Court, and State Council), there is only one court at the international level: The Inter-American Court of Human Rights (ICtHR). This is one of the key differentiators with the European system, where there is an institutional competition in the fundamental rights front between the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). Therefore, the differences amongst the systems affect the circulation and intensification of fundamental rights in the Latin American context.