JOURNAL ARTICLE

El desafío iliberal a la independencia judicial: la contribución de los tribunales internacionalesThe illiberal challenge to judicial independence: the contribution of international tribunals.

  • Published In: International Journal of Constitutional Law, 2024, v. 22, n. 5. P. 1251 1 of 3

  • Database: Legal Source 2 of 3

  • Authored By: Martinico, Giuseppe; Galera, David Mier 3 of 3

Abstract

This article examines the role of international and supranational courts in defending the independence of national judges amid challenges posed by illiberal governments. It highlights how these courts—specifically the Inter-American Court of Human Rights (Corte IDH), the European Court of Human Rights (TEDH), and the Court of Justice of the European Union (TJUE)—have developed a common standard to protect judicial independence by limiting political interference in judicial organization, while respecting constitutional pluralism. The analysis emphasizes the principle of constitutional openness, whereby democratic states voluntarily integrate international law as a complement to domestic constitutionalism, strengthening checks and balances. Despite their contributions, the article acknowledges significant limitations to judicial responses, including procedural constraints, lack of cooperation from captured national courts, and the reactive nature of international adjudication, underscoring the need for robust constitutional design and democratic culture to effectively counter illiberal regressions.

Additional Information

  • Source:International Journal of Constitutional Law. 2024/12, Vol. 22, Issue 5, p1251
  • Document Type:Article
  • Subject Area:Biography
  • Publication Date:2024
  • ISSN:14742640
  • DOI:10.1093/icon/moae060
  • Accession Number:186054544
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