Constitutional contraddictions: the Bolivian Plurinational Constitutional Court and the reelection of Morales. A procedure of constitutional abusivism?

Abstract

Despite of the negative consensus to the constitutional referendum, the Bolivian Plurinational Constitutional Court (or “Tribunal Plurinacional Constitucional”) admitted the possibility of re-election for President Morales over the second presidential term and beyond the constitutional and legislative limit of ineligibility. According to the Court, any limit against the right to vote would violate the principles and the values of any constitutional democracy and of the conventional system of protection to human rights. The right to vote is considered as an important part of the so-called “constitutional bloc” (or “bloque constitucional”), not to be broken by the current electoral law and in order to protect fundamental rights and freedoms. The question is if there is a probable profile of abusive constitutionalism, with the risk of a fracture in the political insurance of the State.