Abstract

TORO HUERTA, Mauricio Iván del. La apertura constitucional al derecho internacional de los derechos humanos en la era de la mundialización y sus consecuencias en la práctica judicial. Bol. Mex. Der. Comp. [online]. 2005, vol.38, n.112, pp.325-363. ISSN 2448-4873.

Contemporary constitutionalism projects the model of the constitutional State as the system of government that is more in tune with the open context that globalization requires; this is so, because it is defined as a cooperative State, and also because it strengthens judicial guarantees represented by constitutional courts. In this sense, the author argues that interactions creates a proper ground for the reciprocal influence that can be the product of a plural and communicative discourse for the construction of a cosmopolitan consensus. It is in this way that contemporary constitutionalism has produced a proper environment for the discourse of fundamental rights and of judicial guarantees. The aim of this essay is to explain the consequences of this scheme in relation to judicial practice today.

Keywords : constitutionalism; human rights; international law; judicial function.

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