The (Relative) Importance of Budget in Human Rights Litigation

Abstract

This paper describes, summarizes and analyzes, in the light of international law, a stylized version of Horacio Corti’s classification of judicial review models on the relationship between States’ financial restraints and human rights’ effectiveness. Then, it proceeds in the same way with the judicial review paradigms developed by Lucas Grosman on the same subject. Finally, without ignoring the importance of budget as a public policy instrument and as a tool to guarantee human rights, the article relativizes the need to consider certain objections based on such instrument, within the framework of judicial proceedings.