La necesaria reformulación del “caso constitucional” para lograr un control de convencionalidad de “incidencia colectiva”

Abstract

The inclusion of international human rights treaties into the constitutional body strengthened and hierarchized the national legal system. Such incorporation deepened and extended the boundaries of the so-called "test of constitutionality", which evolved towards the "control of conventionality". This work intends to analyze the potential of control of constitutionality as an appropriate tool to incorporate the international law into the domestic law, which in turn demands to rethink about the control of constitutionality’s requirements to proceed and the scope of its effects.