Orden jerárquico de los métodos interpretativos constitucionales en la sentencia no. 34-19-IN/21.

Abstract:

The purpose of this academic article is to analyze the line of interpretation that the Constitutional Court used in the controversial judgment No. 34-19-IN/21 that studies the unconstitutionality of article 150 of the Organic Integral Criminal Code, in order to unravel the existence of a hierarchical order in the constitutional methods of interpretation conferred by article 427 of the same normative body. To this end, these methods will be developed applied to Article 45 ibidem, which guarantees the right to life from conception, making a comparison with the method selected by the judges of the Court. In the same way, we will analyze the postulates of the grammatical method according to the doctrine, along with the principle of constitutional unity. Once the study has been carried out, it is concluded that the Constitution has as its preferred method for its interpretation, the exegetical-systematic, which implies investigating whether the norm is clear or suffers from some type of vagueness or ambiguity, in addition to the importance of the will of the legislator and even the end of the rule, as points to take into account.

Año de publicación:

2022

Keywords:

• Sentencia Judicial
• DERECHO CONSTITUCIONAL
• Procedimiento legal
• INTERPRETACIÓN CONSTITUCIONAL
• MÉTODO EXEGÉTICO

Fuente:

rraae