Abstract

ECHEVERRI QUINTANA, Eudoro. Constitutional interpretation: Eclipse of control to power?. Rev. IUS [online]. 2016, vol.10, n.37, pp.59-82. ISSN 1870-2147.

This paper aims to generate a debate about the reality of content of the title. Some general aspects of the central theme were made. Then, Constitutional Court issues were addressed in its primary role of guardian of the Constitution, such as those relating to the jurisprudence of the unconstitutional state of affairs. Some ambivalence in relation to the control of constitutionality as the principle of in dubio pro legislatoris was analyzed. Criticisms were made regarding the official systematic policy of rejecting in large quantities the demands of public action, precisely contravening its raison d'être. Later, this paper added judgments relating to constitutional guardianship, where decisions seemed to be subject to selective criteria to favor privileged sectors and in others, it preaches a constitutional mutation. It was questioned that members of the Constitutional Court would assume knowledge of constitutional reforms on issues that would compromise them, when ad-hoc judges should do it in their places. Finally, there are reviews with the Council of State as residual guardian of the Charter.

Keywords : Constitution; Constitutional Court; High Courts; the State Council; State; unconstitutional state of affairs; in dubio pro legislatoris principle.

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