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El día después de la declaración de inaplicabilidad por inconstitucionalidad de las leyes. Las respuestas legislativas posibles en el sistema constitucional uruguayo

Translated title of the contribution: The day after the declaration of inapplicability due to the unconstitutionality of laws. Possible legislative responses in the Uruguayan constitutional system.

Research output: Contribution to journalArticlepeer-review

Abstract

The Uruguayan Constitution establishes a model of weak constitutionalism. By virtue of a peculiar form of rigidity, of majority constitutional reform accessible to citizens, and of a system of constitutional jurisdiction in which rulings have particular effects, a design of dialogue between constitutional interpreters is necessary established. This generates the possibility of the coexistence of different interpretations of the constitutional provisions, developed by different institutional agents -constituent, legislator and judges-, with the corresponding scopes according to the functions respectively assigned to them. Within this framework, the purpose of this paper is to review the possible legislative responses to the jurisdictional declaration of unconstitutionality of a law, to propose certain bases for the development of a model of functional correction of the legislator in such scenarios and to analyze the reactions to the rulings in the last years.

Translated title of the contributionThe day after the declaration of inapplicability due to the unconstitutionality of laws. Possible legislative responses in the Uruguayan constitutional system.
Original languageSpanish
Pages (from-to)313-344
Number of pages32
JournalRevista de Derecho Politico
Volume123
DOIs
StatePublished - 2025

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