Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Judicial Activism, Punitivism and Supranationalisation: Illiberal and Antidemocratic Tendencies of the Inter-American Court of Human Rights

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

This article takes a critical look at the following three key characteristics in recent judgements of the Inter-American Court: judicial activism, punitivism and supranationalisation. First, it seeks to illustrate that the Inter-American Court has modified in some significant regards the legal framework agreed upon by State parties (judicial activism); second, that this activism has undermined some of the liberal guarantees limiting the State’s power in criminal matters and has led to the creation of a law of exception (punitivism, or illiberal and contra conventionem judicial activism); third, that the Court, on the basis of the Convention’s provision on reparations, has required States to adopt measures that negatively affect their sovereignty, and has thus become dangerously close to acting as legislator, judge and supreme administrative authority of the American States (supranationalisation).

Affiliations: 1: Professor of law, University of Buenos Aires, Argentina, Visiting Professor, University of Trento, Italy

10.1163/15718123-01204003
/content/journals/10.1163/15718123-01204003
dcterms_title,pub_keyword,dcterms_description,pub_author
6
3
Loading
Loading

Full text loading...

/content/journals/10.1163/15718123-01204003
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/15718123-01204003
Loading

Article metrics loading...

/content/journals/10.1163/15718123-01204003
2012-01-01
2016-12-07

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    International Criminal Law Review — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation