La diferenciación entre control de constitucionalidad, control de convencionalidad y control de compatibilidad

Authors

  • Walter F. Carnota

Keywords:

Judicial review. Conventionality control. Conventionality control

Abstract

The expression ‘conventionality control’ is being used increasingly. It is a notion that derives from international law. However, constitutionalists sometimes tend to confuse this idea with judicial review, which started in the United States in 1803 (‘Marbury v. Madison’). Judicial review was extended worldwide during the 20th century. ‘Compatibility control’ is entirely different, becoming effective after the Human Rights Act was passed by the United Kingdom Parliament in 1998. Intensity of control varies accordingly: judicial review mechanisms range from inapplicability in decentralized systems, to outright repeal in centralized ones. ‘Conventionality control’ implies that the State will be liable internationally if a treaty is not fully observed. ‘Compatibility control’ declares an inconsistency between domestic and international rules. 

Issue

Section

STUDIES