Global governance more transnational democracy: the recommendation on legislative convergence of the Parliament of MERCOSUR as an alternative to dicotomy monism-dualism in international law

Abstract

The purpose of this essay is to present the new procedure of legislative interconsultation established between the Parlasur and the parliaments of the national states of the Mercosur countries. Among the various forms and methods of relationship and interaction between international law and national law in general; and between international parliaments and national parliaments in particular, the legislative interconsultation procedure established by Parlasur is unique, original and innovative. The legislative interconsultation procedure of Parlasur establishes, first of all, a communication channel from the Parlasur downwards towards the national parliaments. But in addition - what is even more important - it also establishes a communication procedure upwards, from the national parliaments to the Parlasur. This reciprocal communication and interaction, “back and forth,” through a legal and formal procedure between two levels of legal production - the international level and the national level - introduces a new form of relationship between legal systems, since, perhaps, For the first time, the initiative and referral of standards is formally allowed from the national level to be considered at an international level. And still more, from a substantial point of view, this procedure guarantees, as it only happens exceptionally, the democratic legitimacy of the forms of legal production for the regulation of transnational problems.