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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Standard of Review: Inter-American Court of Human Rights (IACtHR)

Gonzalo Candia Falcón

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 02 December 2022

Subject(s):
Margin of appreciation — Deference — Judicial reasoning — Judicial review — Standard of review

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 By applying different standards of review, domestic courts and tribunals must decide with what degree of intensity each case must be assessed. While there will be some areas where those tribunals will evaluate cases strictly, there will be other cases where courts will afford some level of deference to the decisions made by judicial, administrative, or legislative bodies. International human rights courts have followed this pattern, particularly considering the complementary character of their jurisdiction. The first tribunal to assess this issue was the...
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