El principio de autonomía local y la posible superación de la teoría de la garantía institucional.

Abstract

The purpose of this paper is to analyze the principle of local autonomy, with a special interest in the theory of institutional guarantee, notwithstanding the importance of the latter in the construction and, primarily, protection of the former principle, but proving that at the present moment it is its major burden as a consequence of the limits that its dogmatic construction imply. Therefore, we shall study the theory in depth, contrasting its features with a new academic approach, the theory of constitutional guarantee, which counts among its virtues a construction of the princple of local autonomy in a positive perspective and in accordance with an interpretative approach to the Constitution, whereby the supreme rule does not act as an indisposable content for the legislature, but a true constitutional mandate not only of sufficiency but, also, maximization of the principle of local autonomy.