Control de constitucionalidad y justicia cautelar en los Estados Unidos: el caso de la orden ejecutiva sobre asuntos de inmigración de 27 de enero de 2017

Authors

  • Allan R. Brewer-Carías Universidad Central de Venezuela

DOI:

https://doi.org/10.18042/cepc/rap.203.15

Keywords:

Executive orders, immigration policy, judicial review, temporary restraining order.

Abstract

This comment analyzes the constitutional arguments followed by the District Court of the West District of the State of Washington in the United States, as well as by the Court of Appeal for the Ninth Circuit in decisions of February 3 and 9, 2017, resolving the claims filed by the States of Washington and Minnesota on grounds of unconstitutionality, against the Executive Order issued by President Donald J. Trump on January 27, 2017 on matters of Immigration, in which the courts reaffirmed their jurisdiction to judicial review Executive acts, and based on the presumption of unconstitutionality argued in the case, issued a Temporary Restraining Order suspending the effects of the Order with national effects.

Issue

Section

FOREIGN ADMINISTRATIVE REPORT