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Subsequent unconstitutionality: uses, disuses and mutations

Abstract

The text addresses the notion and characteristics of the concepto f unconstitutionality from the point of view of the problem of supervenient unconstitutionality. Thus, in a first moment of the exhibition, the concepts and the different visions related to this problem are approached, so that in a second passage a critical vision about such positions will be presented. Subsequently, the technical problems of this theme are addressed, in order to present new perspectives and uses of the notion analyzed. The analytical method used in the text is the analytic-deductive, in which I try to present the dogmatic characteristics and the possible applications of the analyzed concepts. Finally, the purpose of the text is to contribute to resolve doubts and solve old problems of the subject in question, as well as contribute to the construction of a new perspective in this regard

Keywords:
supervenient unconstitutionality; constitutional jurisprudence; constitutional process; constitutional mutation; judicial review

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