The control of constitutionality in Cuba: Historical record and preliminary assessments of the new proposal in the constitution of 2019

Authors

  • Carlos Manuel Villabella Armengol Instituto Tecnológico y de Estudios Superiores de Monterrey

DOI:

https://doi.org/10.18042/cepc/aijc.23.03

Keywords:

Control of constitutionality in Cuba, Cuban constitutionalism and constitutional justice, models of constitutional control in Cuba.

Abstract

The control of constitutionality in Cuba has gone against the trend of the world. During the first half of the 20th Century, a concentrated and non-specialized model was installed in the hands of the Supreme Court, which was accessed through an incidental appeal from an affected party, plural public action and individual public action. In the second half of the 20th Century, a concentrated and semi-specialized model was implemented with the Court of Constitutional and Social Guarantees, which functioned as The Supreme Court Chamber, and in addition to the mentioned resources, other procedural actions were regulated. This Canon of Constitutional Justice was an innovation at the time in the region. The socialist Constitution of 1976 ignored these contributions and implemented a scheme of revision of political constitutionality that did not operate in the practice. The Magna Carta approved in 2019 exceeds the previous text, but it is omitted and incomplete. The article assesses the evolution of the control of constitutionality in Cuba. It is supported by a historical-logical, analysis-synthesis and exegetical methods.

Published

2019-06-20

Issue

Section

STUDIES