The Constitutional Dialogue between the Inter-American and the European Courts of Human Rights: Toward an Increasing Influence of the Inter-American Jurisprudence?
Résumé
The interpretative methods and judicial reasoning of the regional courts of human rights have drawn the attention of doctrine for a long time. In the last ten years, authors have especially put their attention on the transjudicial communication among these courts, and especially between the Interamerican Court of Human Rights (hereinafter also IACtHR) and the European Court of Human Rights (hereinafter also ECtHR) because of their seniority and their greater effectiveness. Several authors have thus recently highlighted the emergence of a certain tendency of the two Courts to look at each other and in some cases even to quote each other. These studies often come to different conclusions on the existence of a real ‘dialogue’ between the two Courts....