National margin of appreciation in the inter-American system, judicial activism and state deference

Strengthen or deconstruct the path already traveled?

Authors

  • Harold Bertot Triana Universidad Internacional de la Empresa (UNIE)

DOI:

https://doi.org/10.18042/cepc/aijc.27.13

Abstract

The paper exposes the doctrine of the margin of appreciation in its various expressions in the jurisprudence of the European Court of Human Rights and analyzes its similarity in the jurisprudence of the Inter-American Court of Human Rights. Based on various variants of application in the European sphere, it criticizes the viability of some of its formulas in the inter-American context. In this sense, it also explores the convenience of other proposals for state deference and its implications for the functioning of the inter-American court. The paper emphasizes the particularities of the ACHR, and the jurisprudence of the inter-American court, and argues the risks of assuming by this court the doctrine of the margin of appreciation.

Published

2024-01-29