Workshop 109

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Transitional justice dialogue

Sala F-205 | Room F-205 | Salle F-205

Chairs:

  • Natalia Ángel Cabo: nangelcabo@gmail.com
  • Imer B. Flores: imer@unam.mx.

SPEAKERS

AlmaBeltrán Y Puga
JaimeOlaiz-González
NicolásMadriñán Serna

In recent years, with increasing frequency, constitutional judges have faced cases that transcend the local and are inserted into problems possessing a global dimension. That is to say, cases addressing challenges that affect the world in its entirety, although their manifestations may differ and impact certain countries or regions differently. These matters pose the challenge of defining a judicial role that, although limited, can contribute to addressing challenges common to humanity by driving collective actions.

However, this role is not devoid of criticisms characterising it as activist and even counter-majoritarian. This explains the growing tension that led in Mexico to a constitutional reform to conduct popular judicial elections for all adjudicatory positions. Comprehending the relationship between powers and transnational judicial dialogue will allow us to consolidate more consistent and effective responses that add value to the intervention of judges in problems affecting all of humanity. Furthermore, it will allow us to better gauge the real scope of the contemporary judicial function and advance towards coordinated and effective responses.

Based on decisions of Constitutional Courts or Tribunals, including the experiences of constitutional judges, this workshop seeks to reflect upon the value of local judicial intervention in the face of a global problem. Topics range from traditional issues concerning abortion and surrogacy to litigation regarding the rights of nature, sentient beings, and climate change, without neglecting the governance of new technologies, including Artificial Intelligence. This thematic diversity reflects shared dilemmas across multiple jurisdictions: the interaction between individual and collective rights, the absence of clear international frameworks, and the need to balance constitutional principles with constantly transforming social, economic, and technological realities.

The workshop seeks, through the analysis of concrete cases and the exchange of experiences, to identify best practices in transnational judicial dialogue, critically evaluate the limits and possibilities of judicial intervention in global problems, and explore mechanisms to strengthen the legitimacy and efficacy of judicial decisions in these contexts, as well as compliance with jurisprudential standards in human rights matters.idad y eficacia de las decisiones judiciales en estos contextos, así como el cumplimiento de los estándares jurisprudenciales en materia de derechos humanos.