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Vniversitas

Print version ISSN 0041-9060

Abstract

HENRIQUEZ VINAS, Miriam Lorena. THE HERMETIC QUALITY OF THE CHILEAN CONSTITUTIONAL JURISDICTION REGARDING THE CONVENTIONALITY CONTROL. Vniversitas [online]. 2018, n.136, pp.80-96. ISSN 0041-9060.  http://dx.doi.org/10.11144/javeriana.vj136.hjcc.

This research work examines how the Chilean constitutional design affects, on one hand, the exercise of the conventionality control by the constitutional justice body, like in the dialog between the Chilean Constitutional Court and the Inter-American Court for Human Rights; and on other hand, the consequent contribution to the building of the Latin American Ius Constitutionale Commune. The isolated condition of the Constitution of the Republic of Chile regarding the International Human Rights Law has brought the constitutional jurisdiction to a hermetic position regarding the conventionality control exercise. All the foregoing is verified with an analysis of the constitutional articles; the study of the doctrine and jurisprudence concerning how the constitutional legislators received the human rights as a benchmark for the constitutional control; and the examination of the jurisprudence by the Chilean Constitutional Court regarding the competences to exercise the conventionality control.

Keywords : conventionality control; constitutional provisions for opening; inter-jurisdictional dialog; Ius Constitutionale Commune.

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