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Cuestiones constitucionales

Print version ISSN 1405-9193

Abstract

PEREZ VELIZ, Alie; CRESPO HERNANDEZ, Olga Lisbeth  and  MONTESINO SANTANA, Frank. The Control of Constitutionality: Special Reference to the Cuban Case (1901-1952). Cuest. Const. [online]. 2023, n.49, pp.263-287.  Epub Aug 05, 2024. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2023.49.18585.

Control of constitutionality has been configured as a limit to state power. The institution has been built on two models: the judicial review, of American origin; and the Kelsenian, of Austrian origin. These models have spread throughout the world, but from mixtures or intermediate variants that show adaptations to certain contexts. Since the Constitution of 1901, Cuba has experienced the influence of the American model; However, since 1940 it was influenced by the European model, creating a Court of Constitutional and Social Guarantees, as a specialized chamber within the judiciary. This work aims to characterize the evolution of constitutional control in Cuba from 1901 to 1952, emphasizing its precursor and atypical nature for the region.

Keywords : control; constitutionality; Cuba.

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