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Part III The Inter-American Element, 17 The Transformative Dimension of Inter-American Jurisprudence

Ximena Soley

From: Transformative Constitutionalism in Latin America: The Emergence of a New Ius Commune

Edited By: Armin von Bogdandy, Eduardo Ferrer Mac-Gregor, Mariela Morales Antoniazzi, Flávia Piovesan, Ximena Soley

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 27 January 2021

To the improbable tune of ten to fifteen cases a year, the Inter-American Court of Human Rights has radically altered the legal landscape in the Americas. It has interpreted its normative framework so that the effects of its jurisprudence are broadly magnified and positioned itself in a strategic role vis-à-vis other important actors in the region, giving further impulse to transformative dynamics. The doctrine of conventionality control, its creativity when ordering integral reparations, the insistence on the principle of effet utile and on the positive obligations derived from human rights have allowed it to have an outsized impact in the very complicated region that it operates.

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