Abstract

TALAYERA, Pedro. THE INSIDER (BUT CRUCIAL) POSITION OFJUDGE AT THE 'CONSTITUTIONAL STATE'. : A look at Bolivia.. Rev. Bol. Der. [online]. 2012, n.13, pp.22-39. ISSN 2070-8157.

The traditional theoretical frameworks about judicial function and judicial decisión appear to be inadequate and unable to explain its new framework in the Constitutional State. The legal operators are surprised bythe prevalence of valúes and constitutional principies even against the law, and not easily accept the great capacity of decisión that this model gives judges, subjected in the traditional model to mechanical process of subsumption. Multinational State model, designed by the Bolivian Constitution of 2009, should encourage the judiciary members to delve into the key of the Constitutional State, to understand the change of paradigm and the new relationship between legislation and jurisdiction.

Keywords : Constitutional State; judges; judicial decisión; judicial control; rules and principies.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )