La declaración de inconstitucionalidad de oficio en los sistemas difusos

Authors

  • Patricio Alejandro Maraniello

Keywords:

Sua sponte declaration of unconstitutionality. Diffuse and concentrated systems. Jurisprudence of the United States and Argentina. Iura novit curia and the public constitutional order

Abstract

This article examines the sua sponte declaration of unconstitutionality, focusing on the insights gained from comparative law, especially with reference to the renowned Marbury vs Madison case in the United States. It gives a detailed analysis of the jurisprudence and doctrine in Argentina from which the constitutional public order has derived, and the links between the judge and the legal classification of the proceedings as iura novit curia. Finally, it looks at the special incidence and utility of the sua sponte declaration in diffuse systems of constitutional guarantees. 

Issue

Section

STUDIES