Regresar

Epistemological Fundamentals of the Conditioned Constitutionality

Abstract:

The action of unconstitutionality, in its legal context, is public and participatory because it is expressly linked to the right of every citizen to participate in the formation, exercise and control of political power. With that purpose, the citizen is granted the power to file public actions in defense of the Constitution and the validity of the law, the validity of which is conformed to the constitutional contents. The importance of the action of unconstitutionality, as a means of constitutional control, is evident; one of the characteristics that adds importance is that it is a means of control within the reach of State bodies, without limiting its origin or invasion of areas of competence, as is the case of the constitutional controversy. In these terms, the action of unconstitutionality may not only address violations of the organic part of the Constitution but may also address violations of guarantees or individual or collective rights, according to the case.