TY - JOUR
T1 - Auto-restricción, deferencia y margen de apreciación. Breve análisis de sus orígenes y de su desarrollo
AU - Martínez Estay, José Ignacio
PY - 2014
Y1 - 2014
N2 - The aim of this paper is to make a brief review of the origins and development of the principles of self-restraint, deference and margin of appreciation, both in the field of Constitutional Law and International Law, particularly the International Law of Human Rights. Along with analyzing the relationship between judges and the control of power, and the separation of powers as a limit for the judicial review, will be revised the meaning of these principles and how they have been received in England, the USA, Germany and France, as well as in the field of international human rights courts and supranational integration courts. Finally the article contains a brief reference to the concept of self-restraint, reasoned deference and margin of appreciation in the Chilean Constitutional Court.
AB - The aim of this paper is to make a brief review of the origins and development of the principles of self-restraint, deference and margin of appreciation, both in the field of Constitutional Law and International Law, particularly the International Law of Human Rights. Along with analyzing the relationship between judges and the control of power, and the separation of powers as a limit for the judicial review, will be revised the meaning of these principles and how they have been received in England, the USA, Germany and France, as well as in the field of international human rights courts and supranational integration courts. Finally the article contains a brief reference to the concept of self-restraint, reasoned deference and margin of appreciation in the Chilean Constitutional Court.
KW - Auto-restricción
KW - Deferencia
KW - Margen de apreciación
UR - http://www.scopus.com/inward/record.url?scp=84904428146&partnerID=8YFLogxK
U2 - 10.4067/s0718-52002014000100009
DO - 10.4067/s0718-52002014000100009
M3 - Article
AN - SCOPUS:84904428146
SN - 0718-0195
VL - 12
SP - 365
EP - 396
JO - Estudios Constitucionales
JF - Estudios Constitucionales
IS - 1
ER -