THE LEGAL APPROACH TO CONVENTIONALITY CONTROL IN ECUADOR

This paper will address the problem of conventionality control at the national level of the rights recognized in the International Human Rights Treaties. From a theoretical and practical point of view we have considered it essential for the development of this work to use the methodology of comparative constitutional law since the adoption of a comparative figure will serve not only to formulate criteria of the legal problems in foreign law but also to study the existing models fundamentally of national constitutional justice.We must also be aware that the current categories of the comparative legal systems have progressively advanced and changed; and this is important as we will see that there are difficulties at the international level as in the European system for the ordinary judges to carry out a diffuse control of conventionality becoming perhaps a little contradictory since there is no such difficulty with the concentrated control of constitutionality.