Convencionalidad y constitucionalidad. Los casos de México y España

Abstract

The presence of international conventions on human rights raises the issue concerning their eventual incompatibility with domestic law. The Mexican case is an example of so called “control of conventionality,” which may result in decisions not to apply domestic norms when their content is in inevitable contradiction with convention mandates, as interpreted in international case law. In contrast, Spanish legal order establishes that internal norms must be in agreement with an interpretation of constitutional clauses that must derive from international convention mandates on human rights. This may eventually lead to a declaration of inconstitutionality of internal legal norms. Thus, in Spain what may be termed “control of constitutionality” replaces “control of conventionality”.