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- Title
CONSTITUCIÓN Y BLOQUE CONSTITUCIONAL.
- Authors
PULIDO-ORTIZ, FABIO ENRIQUE
- Abstract
Contemporary constitutions often contain remission clauses that grant constitutional relevance to norms that are not formulated by the constitution itself. To explain such clauses, judges and scholars have developed the doctrine of constitutional block. Within that doctrine, however, the term «constitutional block» is used in two different senses: first, to refer to norms that have constitutional hierarchy but are not found within the constitution itself; and second, to refer to norms that do not have constitutional hierarchy but are nevertheless used to resolve constitutional matters. The objective of this paper is to analyze these two senses of the term, highlighting their differences and specifying their relationship to one another. The paper concludes that, in the context of a rigid constitution, the existence of the first sense of constitutional block (i.e., norms with constitutional hierarchy) depends on the remission clauses referring to (or constituting) constitutional mechanisms of amendment. Otherwise, if the referral clauses do not constitute (or do not refer to) constitutional amendment mechanisms, then the constitutional block can only be integrated by a set of applicable norms that are not part of the constitution
- Subjects
CONSTITUTIONAL amendments; CONSTITUTIONAL law; HIERARCHIES; CONSTITUTIONS; SENSE of coherence; JURISPRUDENCE
- Publication
Revista de Derecho Politico, 2020, Issue 108, p337
- ISSN
0211-979X
- Publication type
Article
- DOI
10.5944/rdp.108.2020.28009