Control de convencionalidad a partir de la constitución política de Colombia 1991 / El control de convencionalidad en actuaciones administrativas y jurisprudenciales a partir de la constitución política nacional de 1991

Abstract

With the ratification of the International Pact of San José de Costa Rica, the American Convention of Human Rights was approved in the Block of Constitutionality, the most important States of the Political Constitution of 1991, which incorporated international rights and conventions through articles 93 and 94, stating that judicial operators are responsible for international agreements, ensuring the supremacy of the American Convention on Human Rights as a fundamental and integral component of the Block of Constitutionality. This is ment fot the full compliance with the activities issued by the Inter-American Court of Human Rights, which have binding force in jurisprudential decisions and administrative acts of a jurisdictional nature, causing constant modification. This transforms the consolidation of the principles of Legality and Due Process in such a way that, the Colombian state must develop a Control of diffuse Conventionality, being the International Law more important and primary than the National Law, where the judicial and administrative operators are forced to superpose in their judgments the observations made for the Inter-American System and the jurisprudence of the Inter-American Court which modulates Colombian domestic law. According to what is stated above, when the State moves appart, the American Convention is not applied or known and its interpretations with binding force, involve a series of litigation in the matter as a faliure of an antijuridic damage with national transcendence, where citizens must go to the Supranational Court of the IDH, based on the Concentrate Control of Conventionality and issue imperative rulings in the decisions issued by the Local Judges.