Trackers and Trailblazers: Dynamic Interactions and Institutional Design in the Inter-American Court of Human Rights

Abstract

Abstract The Inter-American Court’s negative reputation as a judicial activist is often contrasted with its influence in the Inter-American Human Rights System. Despite often issuing broad judgments, the Court has remained a reference and a standard for human rights in the region. This article aims to examine this phenomenon by examining the Court’s institutional powers. The article claims that the Court’s tendency towards judicial activism does not contradict its functions, but rather reflects domestic judicial tendencies and cultures. Domestic judicial cultures and states’ interactions with the Court provide context for the interpretation of its powers and its role in the Inter-American System. The article, therefore, suggests that argumentative legal exchange engaged by the Court and Member States is a healthy way of promoting mutual accountability, while maintaining flexibility for adaptations by both parties and preserving the internal coherence of the regional system.