Los efectos de las sentencias constitucionales en Venezuela.

Authors

  • ALLAN R. BREWER-CARIAS

Keywords:

res judicata, constitutional ruling, Constitutional Court, judicial review, amparo, Venezuela, Procedural Constitutional Law, effects of constitutional rulings.

Abstract

This article analyses the effects of constitutional rulings on a mixed constitutional justice system such as that in Venezuela, which is structured with multiple constitutional processes and procedures that pass through not just Constitutional jurisdiction, but also Ordinary jurisdiction and Contentious-Administrative jurisdiction, in which individuals may plead for judicial control over the constitutionality of all State actions. It gives a general analysis of said rulings, firstly in constitutional proceedings held under Ordinary jurisdiction, in which judges applied the diffuse method of control over the constitutionality of laws and on deciding the processes for constitutional protection of constitutional rights and guarantees. Secondly, it analyses the constitutional proceedings and procedures held specifically under Constitutional jurisdiction, intended to control the constitutionality of laws and legislative gaps by applying the concentrated method of control. Thirdly, it analyses the process for controlling the constitutionality (as well as the legality) of regulations and other administrative acts under Contentious-Administrative jurisdiction, with concentrated control over their constitutionality.

Published

2008-12-19

Issue

Section

THE IMPACT OF THE CONSTITUTIONAL JUDGMENTS