El control de reformas constitucionales y el sistema de «checks and balances»: una propuesta a la luz de la ingeniería constitucional en la que la magistratura constitucional se legitime al no tener la última palabra
Journal
Revista de Investigações Constitucionais
ISSN
2359-5639
Date Issued
2022
Type
text::journal::journal article
Abstract
Genuine constitutionalism lies upon a basic premise: «political power is limited by the law». Nonetheless, there are a couple of institutions and procedures that operate at the margin of the Constitution, and somehow, are beyond its control: On the one hand, the «Constituted Constituent Power»and‘its’correlativeprocessofconstitutionalamendment; and on the other -and within those jurisdictions in which the latter is subject to judicial review- an equally reckoning and emerging power: Constitutional Courts empowered to review the unconstitutionality of constitutional amendments. This essay contends some fundamental notions that may enable the implementation of a distinctive procedure to govern constitutional amendments by fostering the necessary debate around their content and design, from the vantage point of the so-called «Constitutional Engineering», that may ultimately pave the way for consistent judicial review -accorded to constitutional courts- and for more effective political and social controls -accorded to the legislature and the People-, and by introducing at the same time, a series of checks and balances as expected in any constitutional democracy. © 2022 Authors. All rights reserved.