El control de convencionalidad (CCV): Retos y pugnas. Una explicación taxonómica
Conventionality Control is a law mechanism of international origin that develops the normative confrontation of the conventional norm with each Country’s seeking to effectively protect Human Rights. This theory has gradually grown, developed and consolidated, identifying diverging and converging pos...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2015
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6713577 |
| Source: | Academia & Derecho, ISSN 2539-4983, Nº. 11, 2015, pags. 53-94 |
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| Summary: |
Conventionality Control is a law mechanism of international origin that develops the normative confrontation of the conventional norm with each Country’s seeking to effectively protect Human Rights. This theory has gradually grown, developed and consolidated, identifying diverging and converging positions creating the necessity of proposing a taxonomy for the identification, analysis and systemizing the different scopes that have arose within the law community through an analytic-deductive methodology and a propositive focus. Three thematic lines are proposed: First, a conceptualization and state of the art of CC from three categories; second, based on the first, the selection of two theories that are fighting for the national appreciation margin and the el ius commune interamericano; third and last, the development of a taxonomy where classes and modalities of CC are determined. Rather than closing the discussion this increases the Conventional Dogmatic, a category used for aggregating all studies and research to incentivize the debate around CC and the analysis in national contexts and the role of the states agents for its correct and mandatory application. |
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