Constitution and jurisdiction
Abstract
A theoretical reflection on the nature and future of the entire system of guarantees in the face of the expansion of the scope of the jurisdiction as compared to the development of the system of legal limits and obligations granted to the public power structures. For every expansion in legality an expansion in jurisdiction should follow and hence, a growth of judicial power which, at the same time, requires the reinforcement of its legitimacy. Thus, the expression of the jurisdiction in line with the expansion of the legality established by the Constitution, allows us to rethink the sources for the legitimization of the Judiciary and its separation from the other public powers. The referred expansion process is not exhausted and expresses a clear tendency towards its ulterior development; a growth that evidences that the guarantees and the role of the jurisdiction are presently insufficient in relation to the function for the protection of rights stipulated in the different statal and suprastatal constitutions, thereby entailing the need to rethink the role of the jurisdiction, in the theoretical plane as well.
Downloads
Metrics
Métricas alternativas
The authors retain their copyrights and register under the Creative Commons Attribution 4.0 International License (CC BY 4.0), which allows the use of the published material (adapt - remix, transform and build - and share - copy and redistribute - the material in any medium or format).
1. The journal allows authors to retain their copyrights of submitted articles without any restrictions.
2. Authors retain the right to share, distribute, copy, perform and publicly communicate the article published in Revista Oficial del Poder Judicial (e.g., place it in an institutional repository).
3. Authors retain the right to make a subsequent publication of their work, to use the article or any part of it (for example: a compilation of their work, notes for conferences, thesis, or for a book), as long as they indicate the source of publication (authors of the work, journal, volume, number and date).
