Is the Constitutional Court the Supreme Interpreter of the Constitution?

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Abstract

The article critically examines the position of the Constitutional Court as the supreme interpreter of the Constitution. By analyzing the design and operation of the inapplicability requirement it tries to demonstrate that this mechanism is an ineffective channel of the interpretative supremacy of the Court. However, it also tries to demonstrate that this inefficacy of the inapplicability is not just caused by the poor design or a bad application of the requirement, but also mainly due to certain factors inherent to the nature of the Constitution and of the guarantees granted by it, which ultimately do not allow the possibility of a definite interpretation of its content.
Translated title of the contributionIs the Constitutional Court the Supreme Interpreter of the Constitution?
Original languageSpanish
Pages (from-to)573-616
JournalRevista de derecho (Valparaíso)
Issue number38
DOIs
StatePublished - 29 Aug 2012

Keywords

  • LAW
  • Constitutional Court
  • Inapplicability
  • Definite interpretation of the Constitution

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