Perspectives on the application of the principle of interpretation in accordance with conventional law by the ordinary judiciary

Abstract

The purpose of this manuscript is to analyze some elements associated with the use of the principle of consistent interpretation between the national law and the international human rights law by the ordinary judiciary. Based on this objective, doctrinal postulates and some sentences that invoke this hermeneutical rule in different contexts are reviewed. The research identifies a lack of congruence between the dogmatic configuration of the principle and its practical use by Chilean courts, since it is frequently used as an argument to justify the disapplication of legal precepts and not as a technique to prevent normative conflicts. Therefore, it is argued that a more consistent application of the principle could strengthen legal certainty and the efficiency of the judicial system.