From a political to a judicial approach to extradition: A case for the consolidation of the requesting State’s rights in domestic extradition procedures

Abstract

This article purports to analyze the role conferred to the requesting State in domestic extradition procedures. Despite the existence of a judicial control over extradition, the majority of States included in this study continue to view extradition as a political prerogative of the executive and leave the requesting State with little or no means to defend its request. This article argues in favor of the consolidation of the role of judicial authorities in the determination of extradition requests, along with a reinforcement of the requesting State’s ability to participate in this process.