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Cuestiones constitucionales
versión impresa ISSN 1405-9193
Resumen
CASAL, Jesús María. Constitutional jurisdiction and democratic institutionality in Venezuela: Balance and challenges. Cuest. Const. [online]. 2021, n.44, pp.55-90. Epub 21-Ene-2022. ISSN 1405-9193. https://doi.org/10.22201/iij.24484881e.2021.44.16158.
This article analyses the role played by the Constitutional Chamber of the Supreme Court of Justice of Venezuela in the dismantling of democratic institutions that has occurred in that country. The conceptual and procedural foundations on which the Constitutional Chamber relied on to endorse an authoritarian domination are identified. The author refers to the important mission accomplished by the constitutional courts in processes of transition to democracy or redemocratization and highlights the main challenges that a constitutional jurisdiction, with a new integration and functional conception, should address to ensure political pluralism and the rule of law in Venezuela. The study also comprises the procedural practices and the interpretations that should be abandoned and those that should be promoted.
Finally, the article presents some tools that could strengthen the authority of such jurisdiction in a possible transition to democracy.
Palabras llave : Role of the Constitutional Jurisdiction; Judicial Authoritarianism in Venezuela; Constitutional Courts and Transition to Democracy; Procedural and Substantive Challenges.