La interpretación constitucional en Bolivia, (¿suicidio del tcp?, estudio de caso)

This study proposes to examine in detail a relevant decision issued by the Plurinational Constitutional Court (DC 3/20013 of 25 April), a misguided interpretation that violates the constitutional projection on the Bolivian constitutional system, and unconfigures much of the delicate inter-organic ba...

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Bibliographic Details
Main Author: Baldivieso Jinés, Marco Antonio
Format: Article
Language:Spanish
Published: 2017
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=5776245
Source:Revista Boliviana de Derecho, ISSN 2070-8157, Nº. 23, 2017, pags. 16-51
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Summary: This study proposes to examine in detail a relevant decision issued by the Plurinational Constitutional Court (DC 3/20013 of 25 April), a misguided interpretation that violates the constitutional projection on the Bolivian constitutional system, and unconfigures much of the delicate inter-organic balance. In the analysis of this Constitutional Declaration, operationally it is part of the regulatory context quantitatively weighing the main elements of the resolution, then, is entered to disaggregate the components of the “judgment of constitutionality” identifying the theoretical and normative basis and the chain of precedents (internal and external) that sustain the ratio decidendi and verdict; finally insists in the decisum assessment, based on formal criteria and qualitative connotation on constitutional interpretation (the latter extending scrupulously analytic block).