Abstract
The control of conventionality programmed by the Inter-American Court of human rights has taken on new positions. From a purely repressive judicial control of non-application of national rules which are contrary to the Pact of San José of Costa Rica and to the jurisprudence of the Inter-American Court, it started to create a “constructive” control of conventionality, in order to adapt the national rules to the referred Covenant and to the jurisprudence of the Inter-American Court. In addition, the control of conventionality should be done by all organs of the State, such as the legislative branch, and especially those most associated with the administration of Justice.
Keywords:
Control of conventionality; adaptation of the national law; legislative control of conventionality; repressive and constructive control of conventionality