Constitución, Derechos y Jurisprudencia

Abstract

This article is about the jurisprudential developments of the rights written in the Bolivian Constitution. The article is limited to the formal aspects developed by the decisions of the Tribunal Constitucional. Therefore, they are equally applicable to all the constitutional rights in the Bolivian legal system. To talk about jurisprudential developments implies to accept the normative character of judicial decisions, for this reason, the article has dedicated one important part to justify and explain the creation of the law by the Judiciary. In the same way, the article also dedicates an important part to explain the limits of constitutional interpretation, considering the fact that the Bolivian Constitution has a specific clause about it. Finally, the article concludes pointing out an eventual contradiction in the jurisprudence, which lies in the fact that while the Tribunal Constitucional has strictly reversed decisions for failing to be properly justified, the same Tribunal fails in justifying whether it is applying the interpretation clause of the Constitution in its decisions.