Abstract

BALDIVIESO JINES, Marco Antonio. Bolivia constitutional interpretation, (tcp suicide? Case study). Rev. Bol. Der. [online]. 2017, n.23, pp.16-53. ISSN 2070-8157.

ABSTRACT:This study proposes to examine in detail a relevant decision issued by the Plurinational Constitutional Court (DC 3/2001 3 of 25 April),a misguided interpretation thatviolates 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).

Keywords : Plurinational Communitarian State; Plurinational Constitutional Court; Constitutional System; Interpreter of the Constitution; Hermeneutical work; Constitutionality Control Systems; The Political System of Constitutionality Control; Practical interpretation.

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