Dilemmas Of Implementation And Effectiveness Of Convencionality Control In Domestic Law
DOI:
https://doi.org/10.21501/23394536.2460Keywords:
Conventionality Control, Human Rights, Self-Determination of People, Constitutional Supremacy, American Convention, Internal Legal Order.Abstract
he dynamization of the Inter-American Human Rights Charter has generated in the legal debate the dilemma of its application and validity between the domestic laws and the American Convention, which, under the control of convention, demands a normative-jurisprudential space in the states that have Ratified the Pact of San José de Costa Rica.The following investigation was carried out using the logical deductive method, in order to clarify in the legal debate which of the controls should prevail: Or the supranational Convention or the Political Constitution; Or if, on the contrary, both must subsist in context. The conflict of effectiveness of the regulations to be fulfilled is originated by the commitment and conviction of the States, in ensuring that the rules of domestic law conform to the conventional text, which theoretically does not imply difficulty.
The conflict is generated when there are difficult cases in which the supremacy of the constitution of the countries and the importance of its principles- as the one of the self-determination of the towns- facing the conventional mandate, making possible the existence of a phenomenon or situation at the constitutional level, which we have called supremacy of the National Constitution to face the Convention.
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