The conventionality control in Colombia. Jurisprudence study of the Constitutional Court and the Council of State

Authors

  • Jairo Andrés Castaño Peña Universidad Externado de Colombia

DOI:

https://doi.org/10.18042/cepc/rep.197.09

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.

Published

2022-10-10

Issue

Section

ARTICLES