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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Format: | Article |
Language: | Spanish |
Published: |
2017
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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). |
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