Abstract

HENRIQUEZ-VINAS, Miriam. The nature of the internal conventionality control and its dissimilar reception in the jurisprudence of the Chilean courts. Rev. Derecho Estado [online]. 2019, n.43, pp.131-157. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n43.06.

The article hypothesizes that the Chilean courts, from September 2006 to December 2017, have mentioned the conventionality control in their judgments; however, they have recognized a dissimilar nature. Some courts have estimated that it is a control of compatibility between norms, with different meanings; while others conceive the conventionality control as the application of the standards that make up the conventionality parameter. With that purpose, the article analyzes the jurisprudence of the Inter-American Court to know the nature that this court attributes to the conventionality control. Then, attention is focused on Chilean jurisprudence, with a double perspective: the first is to identify how the courts conceive the conventionality control; and the second, if the nature assigned coincides with that recognized by the jurisprudence of the Inter-American Court.

Keywords : Internal Conventionality Control; Jurisprudence; Inter-American Court of Human Rights; Chilean Supreme Court; Chilean Courts of Appeals.

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