Activismo judicial y límites del derecho en la actuación de la corte interamericana de derechos humanos

The author defends the relevance of postpositivism to analize two problems arisen from the application of the American Convention on Human Rights. The first one is the legal effects of domestic laws that violate the American Convention on Human Rights, which can be categorized as either extremely unfair laws or unfair laws. The second problem concerns the competence of the Interamerican Court on Human Rights to reestablish the validity of a decree that was declared unconstitutional by the Costa Rican Supreme Court.