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Cuestiones constitucionales
versão impressa ISSN 1405-9193
Resumo
CABALLERO OCHOA, José Luis e GARCIA HUERTA, Daniel Antonio. The jurisprudential paths of consistent interpretation: scope and limits of its application by the Mexican Supreme Court. Cuest. Const. [online]. 2019, n.41, pp.35-82. Epub 22-Abr-2020. ISSN 1405-9193. https://doi.org/10.22201/iij.24484881e.2019.41.13941.
In light of the decisions developed by the Mexican Supreme Court during the last years, this paper aims to show the ways in which the principle of consistent interpretation has run along different lines of reasoning, sometimes without a particular direction and some others towards a functional orientation. It also presents not only a chronological but also a political and legal evolution of this tool, and analyses the impact that some decisions have had in the Court’s legal thinking in order to achieve a more flexible and dynamic perspective about the constitutional interpretation of rights.
Palavras-chave : Consistent interpretation; constitutional interpretation; human rights; Mexican Supreme Court; constitutional block; conventionality control; international treaties.