Subsidiarity in Question: The Inter-American Court of Human Rights and a Globally Connected Judicial Community

Whilst some scholars argued that the Inter-American Court of Human Rights should revise their conventionality control approach and slide back to normative subsidiarity, others suggested the Court construct a more collaborative model for the continent’s human rights development. Is it time to apply a kind of margin of appreciation doctrine based on Latin American comparative law? The principle of subsidiarity is fundamental to the international legal order. However, given the current autocratisation and its threats to the judicial power, robust legal responses to support national judges against political interferences remain indispensable. Recognizing a need of greater respect to national judges who are better positioned to observe national issues, I argue in this paper that the San José Court’s should maintain its global comparative law method, by insisting on universal consensus or « continuing international trend » doctrines to empower a globally-connected judicial community.