Abstract

ACOSTA YPARRAGUIRRE, Eduardo. The Genetic Problem of the Conventionality Concept. Díkaion [online]. 2020, vol.29, n.1, pp.165-201. ISSN 0120-8942.  https://doi.org/10.5294/dika.2020.29.1.5.

This article details the jurisprudential path in the formation of the concept of Control of Conventionality and describes its expansionist vocation from its peripheral appearance to its current presentation that requires adjustments of internal regulations, procedures, judges and officials performances, among other requirements. Done this analysis, the study is aimed at analyzing the official concept and the binding nature that has been intended to confer, in this examination will be elucidated whether alleging the principle of international pacta sunt servanda is sufficient or if the error exempts the obligation. Likewise, the juridical nature of jurisprudence in International Law is studied in order to know what is its true hierarchical location and therefore its mandatory force. At this point an investigation will be made from the philosophy of language to know if the statement itself and its terms are correct. Next, this study confronts the Control of Conventionality with fundamental concepts of law such as state sovereignty and supremacy of the Constitution in domestic law and the principle of subsidiarity of international procedures in international law. Finally, the reception of these concepts in Peruvian law is exposed.

Keywords : Control of conventionality; control of constitutionality; sovereignty; human rights; supremacy of the Constitution; binding jurisprudence.

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