Resumo

GARCIA JARAMILLO, Leonardo. From "constitutionalization" to "conventionalization" of legal order. The contribution of the ius constitutionale commune. Rev. Derecho Estado [online]. 2016, n.36, pp.131-166. ISSN 0122-9893.

One of the most vivid expressions of the constitutional law trans-nationalization in Latin America is the scholar and judicial dialogue that have been developed in the last few decades. This dialogue has occurred mainly among those countries that have been reforming its constitutions during the last 25 years with key related elements such as the block of constitutionality. Such trans-nationalization has gained strength because of another of those expressions, namely, the Interamerican-Court of Justice case-law by means of the conventionality control. International obligations related to the rights enshrined in the American Convention shapes the interpretation of laws and administrative practices. It is then pertinent to coin "conventionalization" of legal order as a concept that complements its process of constitutionalization. Constitutional norms no longer exclusively determine the validity and development of national legal orders. This paper moving towards that direction from the utility of another concept: "ius constitutionale commune" to understand this phenomena and project courses of action towards a transformative constitutionalism of political and social inequalities that have bedeviled the region.

Palavras-chave : Constitutionalization of legal order; conventionality control; conventionalization of legal order; ius constitutionale commune.

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