Límites a la Corte Constitucional: una aproximación al constitucionalismo popular

Abstract

The imposition of constitutional justice within the framework of the Constitutional State, leads to review the role played by the constitutional judge when he accepts or not the recognition of rights not written —literally— in the rational-political-democratic Constitution of 1991, since, under his mantle of guardian and protector, he has created rights that affect the democratic principle of the primary constituent power, becoming a judicial sovereign. Consequently, the vindication of popular sovereignty is sought, through their participation in constitutional matters, in order to deprive the judges of the Constitutional Court of their omnipotent power over the decisions that must be originated in principle, in the Legislative and the town.