El control de convencionalidad interno y el rol preventivo de las Administraciones Públicas

Abstract

The irruption of human rights systems at a constitutional level, has consequences in the field of Public Administrations and the citizens. The person and his dignity are at the center of the Administrative Law. From the convergent perspective of human rights, we build and base our own concept of the control of internal conventionality in two dimensions: state obligation and citizen guarantee. Alongside the duty of guarantee explain the preventive role of Public Administrations that complements classical functions. This role is an expression of the generic warranty duty. They protect and promote international commitments, take the initiative to remove any obstacles to the effectiveness of rights. Effective administrative protection, the right to new rights and guarantees, the co-management of general well-being from the human duties of citizenship, the new interpretative dimensions, the cultural leap of the homogeneous dimension towards the heterogeneous in terms of reflections of the diversity existing in the composition of societies and the widening of the content of juridicity, are some of the main consequences mentioned. Internal conventionality control is deployed at the bases of the Public Administrations itself, symmetrically and synergistically with constitutionality control.