Nuevas fronteras del control de convencionalidad: el reciclaje del derecho nacional y el control legisferante de convencionalidad

Abstract The control of conventionality programmed by the Inter-American Court of human rights has taken on new positions. From a purely repressive judicial control of non-application of national rules which are contrary to the Pact of San José of Costa Rica and to the jurisprudence of the Inter-American Court, it started to create a “constructive” control of conventionality, in order to adapt the national rules to the referred Covenant and to the jurisprudence of the Inter-American Court. In addition, the control of conventionality should be done by all organs of the State, such as the l...