The supra-constitutional control of laws in Nicaragua. A look from the judgment Yatama vs. Nicaragua

Abstract

This article analyses the judicial review applied by the Inter-American Court of Human Rights in the judgment Yatama vs. Nicaragua with respect to several of Nicaragua’s constitutional provisions. It concentrates on the legal provisions that are in conflict with the American Convention on Human Rights. Moreover, the article addresses the relevance of Constitutional hierarchy by considering two types of “conventionality control”; one carried out by the Inter-American Court and the second one by Nicaragua’s domestic courts. Finally, this article analyses the current implementation status of the legislative measures set out in the judgment, and the obligations of the domestic authorities with respect to this judgement.