Analysis of Jurisprudential Clusters in the Andean Area: Mixed Approach to the Ius Constitutionale Commune

Abstract

This document proposes a mixed type approach to the jurisprudence of three American constitutional courts, regarding the use of binding jurisprudence issued from the Inter-American Human Rights System (SIDH), in order to empirically demonstrate the existence of a Ius Constitucionale Commune. This concept is a phenomenon of construction of a legal community around the American Convention on Human Rights and the inter-American corpus iuris, supported by the idea of standards derived from international law and taken advantage of by the High Courts. This text explores this possibility, through a survey of qualitative-quantitative information on the jurisprudence of the Peruvian, Colombian and Ecuadorian Constitutional Courts during 2020, processed by the methodology of social network analysis (social network analysis). The data obtained demonstrate: a) a more or less constant use of the jurisprudence of the IAHRS; and b) the factual possibility of this phenomenon is an element that can be studied in our region as a sample of an authentic integrationist structure of constitutional law.