The Execution Systemic Toolkit for Policy Modelling and Lawmaking

Abstract

This chapter aims to present the elements that the execution systemic toolkit for policy modelling and lawmaking should contain. The study focuses on America over which the Inter-American System of Human Rights exercises its jurisdiction, given that Human Rights normativism (promoted by the UN and the Human Rights regional systems) prevails at the legislative and public policy agenda of the States. Specifically, it is considered that the doctrine, concepts and principles established by the jurisprudence of the Inter-American Court of Human Rights (IACHR), are nowadays the valid patterns to explain the conceptions and reasoning schemes that lead the legislative and public policy activity in America. Additionally, the “control de Convencionalidad” developed in the region, encourages the constitutional judgments issued within the States to reproduce these concepts and principles, which have the effect of the non-application or expulsion of legal rules and, through normative or structural judgements, the courts projects specific public policy, all of which could be considered a morphogenetic system. Thus, the main jurisprudential lines of the IACHR and the Mexico’s Supreme Court will be analyzed in order to extract the elements and their attributes that make up the systemic toolkit for policy modelling and lawmaking and identify which behavioral patterns have been displaced to the environment that affects the system.