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Estudios constitucionales

On-line version ISSN 0718-5200


MARCHECO ACUNA., Benjamin. The constitutional and conventional dimension of the right to effective (non-criminal) judicial protection from the european and american jurisprudential perspective. Estudios constitucionales [online]. 2020, vol.18, n.1, pp.91-142. ISSN 0718-5200.

The fundamental right to effective judicial protection has become a key concept in the development of constitutional law and international human rights law, starting in the second half of the last century. The theoretical construction and consolidation of its content has been the product of a long, refined and not yet finished jurisprudential development in which the inter-institutional dialogue between international human rights courts and national courts and tribunals has been essential. This work aims to systematize - without wishing to be exhaustive, the main theoretical aspects of the fundamental right to effective judicial protection in the non-criminal sphere, from a comparative perspective, in Europe and America, on the basis of the jurisprudence developed by the main international human rights courts: the European Court (ECHR) and the Inter-American Court (I / A Court HR) and of some constitutional courts or tribunals of both regions; that can contribute to a better understanding, interpretation and application of this concept.

Keywords : effective judicial protection; due process of law; access to justice; human rights; fundamental rights.

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