Abstract

MATA MIRANDA, Armando Ramón. Parameter of Constitutional Regularity: 10 Years after the Constitutional Reform on Human Rights. Theoretical Implications and Practical Limitations. Cuest. Const. [online]. 2023, n.48, pp.279-323.  Epub Jan 12, 2024. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2023.48.18044.

10 years have passed since that paradigmatic constitutional reform on human rights. Which resulted in a great diversity of interpretative, constitutional and normative consequences. Among them, an aegis for the protection of human rights was established: the parameter of constitutional regularity. In contrast, another aspect of this legacy, necessarily refers us to the various sentence 293/2011, ruling in which the restrictive aspect of human rights was privileged, when the Constitution so determines, compared to a broader protectio provided in international treaties. Peculiarity of the complex constitutional framework. Which implies some theoretical aspects and certain practical limitations that deserve to be analyzed, and that in the development of this work we intend to elucidate.

Keywords : reform of june 2011; parameter of regularity; restrictions on human rights; principle of constitutional specialty; judicial reform.

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