El ius constitutionale commune latinoamericanum: ¿un nuevo derecho público para américa latina?
With the consolidation of the Ius Constitutionale Commune Latinoamericanum, - ICCAL - as an innovating juridical-constitutional current, it is vitally important, due to the existing jurisdictional dialogue, the construction of convergent lines and tendencies, whose criteria are oriented towards t...
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| Autor principal: | |
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| Formato: | Artículo |
| Idioma: | Castellano |
| Publicado: |
2019
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| Materias: | |
| Acceso en línea: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7265494 |
| Fuente: | Revista Auctoritas Prudentium, ISSN 2305-9729, Nº. 21, 2019 |
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| Sumario: |
With the consolidation of the Ius Constitutionale Commune Latinoamericanum, -
ICCAL - as an innovating juridical-constitutional current, it is vitally important, due to
the existing jurisdictional dialogue, the construction of convergent lines and
tendencies, whose criteria are oriented towards the protection of human rights.
Within the framework of the ICCAL as a political, legal and cultural project, it is
essential to research in the figures of the constitutionality block and the control of
conventionality, as well as its jurisprudential development both locally and regionally,
specifically in the Inter-American System of Human Rights. This, as a result of the
opening to International Law that characterizes the Latin American States through
the creation of constitutional opening clauses. In this context, it is necessary to
compare the national constitutional courts and the Inter-American Court of Human
Rights from a functional approach in order to identify the efforts that both are making
in the protection of human rights in their area of competence. This first publication
presents the general notions of the ICCAL, emphasizing its three objectives, three
key concepts and three essential features, which will enable the roles of
supranational justice bodies, their standards and the procedural figures created by
them based on their application in local legal systems. The purpose of this article is
to present the reader the ICCAL as an innovative solution towards the actual crisis
of the Latin American countries, although, taking into account the critics that may
arise from its lecture. |
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