Objective: The purpose of this article is to analyze the system of judicial review in Chile and the way in which the law has been controlled by way of conventionality control through jurisprudence. To this end, it is necessary to study the concentrated system of control of constitutionality of laws in Chile and the effects of the control of conventionality. Methodology: The methodology used will be deductive since it starts from dogmatic concepts to propose concrete or particular solutions. The technique used was bibliographic research, legislation and jurisprudence. Results: The result of this research is the way in which the evolution of the application of the conventionality control has generated that Chile has a diffuse control of constitutionality of the laws by way of interpretation of the American Convention on Human Rights. Contributions: By studying the effectiveness of the decisions of the Inter-American Court of Human Rights in the Chilean legal system and its contours, is to generate dogmatic precision on how our system is a hybrid system of control of laws.
|Título traducido de la contribución
|JUDICIAL REVIEW BY FORCE OF CONTROL OF CONVENTIONALITY: DIFFUSE OR CONCENTRATED SYSTEM?
|Número de páginas
|Publicada - 1 abr. 2023
|Publicado de forma externa
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- Inter-American system
- constitutionality control
- conventionality control