Control of constitutionality and conventionality: Dilemmas regarding the so-called «dialogue» between the courts of justice

Authors

  • Oscar Andrés Pazo Pineda Universidad de San Martín de Porres, Perú

Abstract

Conventionality control has raised important questions in national legal systems. In this investigation, two scenarios are examined in which certain resistance to their implementation may arise. The first is related to the models that the doctrine has called weak-form constitutionalism, which choose not to give the last word regarding the interpretation of rights to the courts of justice. On the other hand, the fact that this control prevents the articulation of a dialogue between courts is also questioned, since it does not allow national judges to present their reading of fundamental rights.

Keywords:

Conventionality control, constitutionality control, judicial function, human rights, courts of justice