The impact of the conventionality control doctrine in the Mexican decentralized system of judicial review

Abstract

This article critically analyzes the transformation process of the Mexican system of judicial review of constitutionality and conventionality and its adaptation to the Inter American system of decentralized control of conventionality, after the internalization of the doctrine of conventionality control of the Inter American Court of Human Rights. Based on a conceptual analysis of the term decentralized, its correct meaning and the forms of judicial review required of the judges of a decentralized system are identified, in order to accurately evaluate the scope of the changes in the Mexican system of judicial review. It is postulated that the changes not only implied extending judicial review duties to local judges previously excluded from review activity, but also the need to adapt the constitutional processes at the federal level, specifically the juicio de amparo, to adapt it to the demands of the conventionality control doctrine to the extension to forms of incidental control with respect to new controllable objects.