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Part III The Inter-American Element, 16 The Conventionality Control as a Core Mechanism of the Ius Constitutionale Commune

Eduardo Ferrer Mac-Gregor

From: Transformative Constitutionalism in Latin America: The Emergence of a New Ius Commune

Edited By: Armin von Bogdandy, Eduardo Ferrer Mac-Gregor, Mariela Morales Antoniazzi, Flávia Piovesan, Ximena Soley

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 27 January 2021

This chapter explains how the creation of the doctrine of conventionality control by the Inter-American Court of Human Rights, and the internationalization of constitutional law in Latin America, have contributed to the greater effectiveness of the inter-American corpus iuris at the state level, and to the existence of judicial dialogue in the inter-American system of human rights. In this chapter, I explain the essential features of the conventionality control and describe how the decisions of various national supreme and constitutional courts in the states of the region have opened the gate to the incorporation of the inter-American corpus iuris into national law. Moreover, I identify the existence of different “intensities” at which judicial dialogue takes place between the Inter-American Court and state institutions.

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