Abstract

VALADES, Diego. Political Guarantee as a Constitutional Principle. Bol. Mex. Der. Comp. [online]. 2011, vol.44, n.132, pp.1259-1291. ISSN 2448-4873.

This essay refers to the Constitutional State in which the political power most be exercised in a limited, controlled and responsible way. Theoretically Constitutional States apply any of the following models related to political control: they regulate control systems in detail; they adopt only general provisions or they have no explicit control measures at all. No matter what rules are included or omitted, it is not valid to conclude that the exercise of power is not subject to any kind of political controls in a Constitutional State. Nevertheless, cultural conditionings may affect the standard patterns of political controls and promote obstructive actions. To avoid these possibilities it could be convenient to design consulting instances to provide analysis of comparative law and jurisprudence that contribute in solving doubts or softening confrontation between the political branches of power.

Keywords : Constitutional State; constitutional principle; political control; political guarantee.

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