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El control de constitucionalidad de los tratados internacionales: un breve análisis teórico-práctico de su posible operatividad
| Content Provider | Semantic Scholar |
|---|---|
| Author | Hernández, Pablo Andrés Bonilla |
| Copyright Year | 2010 |
| Abstract | The possibility of controlling the constitutionality of international treaties was to a large degree theoretically analyzed by Hans Kelsen in 1929. After almost one century, the issue still has several noteworthy aspects. Despite the impossibility of declaring that an international treaty is unconstitutional – at least without violating the rules of the new international legal order – nations have implemented mechanisms and safeguards through which the constitutionality of such treaties can be controlled. For Latin America this is no surprise; however, there is extensive criticism of the use of the repressive control of laws passed regarding the approval of international treaties. The justi$ cation of these laws is discussed in this paper, along with an analysis of comparative case law, particularly in the country of Guatemala. |
| File Format | PDF HTM / HTML |
| Volume Number | 1 |
| Alternate Webpage(s) | https://revistas-colaboracion.juridicas.unam.mx/index.php/anuario-derecho-constitucional/article/download/3912/3439 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |