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- Title
EL CONTROL DE CONVENCIONALIDAD EN COLOMBIA. ESTUDIO DE LA JURISPRUDENCIA DE LA CORTE CONSTITUCIONAL Y EL CONSEJO DE ESTADO.
- Authors
CASTAÑO PEÑA, JAIRO ANDRÉS
- Abstract
The aim of this study is to present a comprehensive review of how the Colombian jurisprudence has adopted and used the conventionality control, both in the Constitutional Court and in the Council of State. In the first place, it explains the evolution of the notion of conventionality control developed by the Inter-American Court of Human Rights and the obligations that have come from its development. Secondly, it discusses the most important decisions on the matter made by the Constitutional Court, which has been reluctant to apply the control of conventionality. This situation will be contrasted with the jurisprudential developments of the Council of State, where the notion has had a direct application as a decision-making mechanism. Finally, this study presents a reflection on the importance of domestic courts adopting this notion when making decisions to ensure compliance with the Inter-American Convention on Human Rights.
- Subjects
CONSTITUTIONAL courts; HUMAN rights; JURISPRUDENCE; INTERNATIONAL law; JURISDICTION (International law)
- Publication
Revista de Estudios Políticos, 2022, Issue 197, p261
- ISSN
0048-7694
- Publication type
Article
- DOI
10.18042/cepc/rep.197.09