Abstract

MELENDEZ AVILA, Felipe. The preventive control of legislation in a comparative perspective: the relationship between normative design and jurisprudential practice. Bol. Mex. Der. Comp. [online]. 2018, vol.51, n.152, pp.627-654.  Epub Apr 30, 2020. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2018.152.12920.

This work focuses on studying the preventive control of the constitutionality of legislation, with the aim of understanding its meaning and scope, given its specificity at a comparative level.It will be demonstrated that although the preventive modality is linked to certain normative designs that transcend the legal-political control of the legislation, jurisdictional practice is decisive to legitimize its existence within the framework of constitutional justice. To prove this question, this control mechanism will be studied in the constitutions of France and Spain, from the normative as well as jurisprudential point of view.

Keywords : constitutional justice; preventive control; a priori control; previous appeal of unconstitutionality; déclarations de conformité à la Constitution; normative design; jurisdictional practice.

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