Abstract

MILLAN TERAN, Óscar Antonio. The electoral system to designate magistrates of the Tribunal Constitucional Plurinacional (Plurinational Constitutional Court). Rev Cien Cult [online]. 2015, vol.19, n.35, pp.107-132. ISSN 2077-3323.

This article aims to investigate the current electoral system to elect magistrates of the Tribunal Constitucional Plurinacional (TCP). Its main objective is to analyse the manner how the independence of the constitucional jurisdiction projects itself as a result of the application of the electoral system to select their magistrates. One of its secondary objectives is to analyse if the system that has been developed, which applies the democratic criteria established in bolivian legislation, would allow to project a real and effective independence of the constitutional jurisdiction. In order to achieve such a goal, it is necessary, according to the application of the dogmatic juridical method, in the first place, to study the institutions and the proper elements of the constitutional jurisdiction and subsequently, such jurisdiction in Bolivia, giving emphasis in the development of the electoral system for the election of its members. The article continues with a comparison of electoral systems in some states for the election of their members in different constitutional organs of control. Finally, afterwards pointing out how the independence of the constitutional jurisdiction projects itself with respect to the current electoral system, some recommendations are given to modify the electoral procedure.

Keywords : Constitutional Jurisdiction; Tribunal Constitucional Plurinacional; Electoral System; Independence.

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