The Control of Conventionality of Constitutional Jurisprudence

Abstract

This study analyzes the extents of the so-called “control de constitucionalidad” recently recognized by the Inter-American Court jurisprudence of Human Rights. Especially discusses one of the manifestations of that issue, which has an impact on itself by constitutional jusrisprudence by the maximum national court. Delves into the way in which the sentences of the Inter-American Court can disallow from a control de convencionalidad the meaning of a constitucional precedent, as happened in the paradigmatic case Castañeda Gutman vs. United Mexican States (2008), that opens a horizon in the conception of the Inter-American Court as an international constitucional court.