Abstract

URIBE ARZATE, Enrique  and  CORREA ESQUIVEL, Grisel Alejandra. Mutations and the problem of its control in the constitutional State. Rev. Derecho [online]. 2012, n.38, pp.196-224. ISSN 0121-8697.

This article discusses the problems inherent to constitutional mutations expressed in changes suffered by the constitutional text, apart from the formal process of reform foreseen for this purpose. Constitutional mutations have different origins. The truth is that both the practice of the organs of the State and the everyday life of society, constantly subject the constitutional text to hard strains which show the the way in which the reality of society and the State operate. The central problem here lies in the absence of controls over those mutations which occur without the constitutional text suffering modifications. It seems to us that to adequately address this problem, it is necessary the creation of a Constitutional Court which is responsible for both the constitutional control of reforms (formal process) and the constitutional mutations (factual process); Therefore, ensuringthe supremacy of the Constitution.

Keywords : Mutation; reform; constitutional; legislature reviewer; constitutional court.

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