Rule of Law, Human Rights and Judicial Control of Power

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Judicial control of public power is essential for upholding the rule of law. This work examines the extent and limitations of judicial oversight at both national and supranational levels, focusing on the review of public authorities and states. It highlights the potential risks of judicial review leading to activism that could undermine the separation of powers and the legitimate exercise of state authority. The analysis includes mechanisms like reasonableness, proportionality, deference, and margin of appreciation, as well as the horizontal effects of human rights, which help define judicial boundaries. Adopting a theoretical and comparative approach, the book investigates the conceptual foundations of various control systems and evaluates the models, structural elements, and functions of control instruments in selected regions and countries. It draws on country and regional reports to compare the similarities and differences in the implementation of control across Europe, Latin America, and Africa. The theoretical insights and comparative analyses aim to address key questions regarding the existence of universal principles for public power control, the influence of distinct legal traditions, and the extent to which international law has harmonized and reinforced internal mechanisms of public-power oversight.