Year: 2024
Type: article
Abstract: This paper examines two methods or alternatives that can be used by the organs of the Inter-American Human Rights System to respect the political, economic, and social realities of each of the States that make up the System: inter-American consensus and the national margin of appreciation. To this end, the principle of subsidiarity and its dimensions –material or substantive and procedural–, international consensus –especially its scope– and the national margin of appreciation are analyzed. Then, the application of these methods by Supranational Courts –both in the European and Inter-American systems– is studied, and finally, conclusions are presented, weighing some national experiences in the jurisprudence of their Superior Courts.
DOI: 10.64894/7hdt1e66
Author: Gustavo Antonio Mammoni
Institution: Universidad Nacional de La Plata
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4414349465
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