Abstract

LUCERO PANTOJA, Jairo Enrique. Multilevel Judge and Transversality of Guarantees Approach to Factual Scenarios in America and Europe. Opin. jurid. [online]. 2021, vol.20, n.41, pp.71-99.  Epub Nov 11, 2021. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v20n41a2.

This article will study the control of conventionality and the margin of appreciation as legal-political models for the protection of human rights derived from the particular visions, needs and institutional resources of the OAS States and the Council of Europe respectively establishing, notwithstanding the disparate methods of integration of international law, that human dignity is the universal objective for the effective exercise of justice apparatus. For this objective, since a research descriptive and explicative, and used a dogmatic methodologist, and sub methods systematic, analytic and judgment facts, we will conclude that first, the effects of national sovereignty should be diminished, because this limit the guarantee harmonization of the legal system, and then, secondly, build a minimum international standard through a constitutional space common to provide a balance of rights universally protected by multilevel judges.

Keywords : inter-American corpus iuris; conventionality control; margin of appreciation; human dignity; multilevel judge.

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