THE LEGAL APPROACH TO CONVENTIONALITY CONTROL IN ECUADOR
The control of conventionality as defined in the Ecuadorian constitutional norm
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This paper will address the problem of conventionality control, at the national level, of the rights recognized in the International Human Rights Treaties. From a theoretical and practical point of view, we have considered it essential, for the development of this work, to use the methodology of comparative constitutional law, since the adoption of a comparative figure will serve not only to formulate criteria of the legal problems in foreign law, but also to study the existing models, fundamentally, of national constitutional justice.We must also be aware that the current categories of the co...
This paper will address the problem of conventionality control, at the national level, of the rights recognized in the International Human Rights Treaties. From a theoretical and practical point of view, we have considered it essential, for the development of this work, to use the methodology of comparative constitutional law, since the adoption of a comparative figure will serve not only to formulate criteria of the legal problems in foreign law, but also to study the existing models, fundamentally, of national constitutional justice.We must also be aware that the current categories of the comparative legal systems have progressively advanced and changed; and this is important, as we will see that there are difficulties at the international level, as in the European system, for the ordinary judges to carry out a diffuse control of conventionality, becoming perhaps a little contradictory since there is no such difficulty with the concentrated control of constitutionality.
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