On the 'Control de Convencionalidad' Doctrine: a Critical Appraisal of the Inter-American Court of Human Rights' Relevant Case Law

The use of the control de convencionalidad doctrine by the Inter-American Court of Human Rights is inconsistent with the American Convention and, even assuming the contrary, for the sake of argument, unsuitable for the Court's purposes. First, neither Article 2 nor other provisions of the American Convention provide a legal basis for the exercise of judicial review by the Court or domestic courts, as set out by the Court. Secondly, the Court's choice of the concept of wrongfulness is unsuitable to fully convey the legal consequences of the exercise of judicial review and inappropriate for the purposes of the Court. Lastly, the use of the control de convencionalidad doctrine may undermine the standing of the Court, as exemplified by Venezuela's denunciation of the Convention.