From Constitutional Review to Conventionality Control: A Functional and Theoretical Reassessment

Abstract

The doctrine of conventionality control is one of the most recent legal mechanisms developed within the Inter-American human rights system. Its significance extends beyond the application of the American Convention on Human Rights, as countries like Mexico have actively promoted its implementation. However, a comparative analysis reveals that the conceptual roots of conventionality control are older than commonly assumed. This mechanism reflects the logic of constitutional review, adapted to the international legal sphere. The article first traces the historical origins of constitutional review, grounded in early debates on how to effectively limit state power. It then examines its two primary institutional models: the diffuse and concentrated systems. By analyzing these structures, the study identifies the essential features common to both mechanisms. Ultimately, it argues that constitutional and conventionality control, though applied in different normative contexts—domestic and international—share a structural and functional equivalence that justifies their conceptual alignment.