Cookies Policy
X
Cookie Policy

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

MyBook is a cheap paperback edition of the original book and will be sold at uniform, low price.

Buy this article

Price:
$30.00+ Tax (if applicable)
Add to Favorites

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

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Create email alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Name:*
    Email:*
    Your details
    Name:*
    Email:*
    Department:*
    Why are you recommending this title?
    Select reason:
     
     
     
     
    Other:
     
    International Criminal Law Review — Recommend this title to your library

    Thank you

    Your recommendation has been sent to your librarian.

  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation