Autonomy and subsidiarity: the Inter-American system of human rights vs. national justice systems

The process of incorporating human rights treaties into Latin American constitutional orders and the heuristic value bestowed upon international jurisprudence by national constitutional tribunals have caused transformations in public institutions, in addition to enabling strong political and legal discussions about the degree of autonomy of the law and the government from interference from international bodies. They have also opened a debate in the very heart of some protection mechanisms, such as the Inter-American System of Protection of Human Rights (IASHR), regarding their function in a regional scene of constitutional democracies.