Keywords
Constitutional supremacy
Control of constitutionality
Control of conventionality
International responsibility
Trial testing
Ultima ratio
Extra ratio
Theory of preventability
International treaties with constitutional status
Interconstitucional
Control of constitutionality
Control of conventionality
International responsibility
Trial testing
Ultima ratio
Extra ratio
Theory of preventability
International treaties with constitutional status
Interconstitucional
How to Cite
Maraniello, P. (2014). The lid constitutional, a fair and balanced solution to the conflict between the International Treaties and the National Constitution. Ciencia Jurídica, 3(5), 35–43. https://doi.org/10.15174/cj.v3i1.88
Abstract
Many are the jobs that have been developed around the control of constitutionality and what is currently called control of conventionality. However both do not solve the cases in which the conflict is intra constitutional, that is to say, we are no longer talking about a dispute between a law and the constitution, or a treaty and the constitution, but a conflict between articles of the constitution itself. We can add to all this the problematic existence when a country considers the International Treaties as part of its constitution. In both problems find a solution we very agile and accurate that we call the Constitutional lid.The authors retain the copyright and must provide in writing the authorization for the first publication, via a computer network and printed to Juridical Science. Third parties are allowed to use the published information provided that the authorship of the work and the first publication in this journal are respected and made public.
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