Abstract

BORTH IRAHOLA, Carlos. Disputes on competence regime and constitutional sentence 2,055 / 2012. Rev. Jur. Der. [online]. 2016, vol.3, n.4, pp.33-49. ISSN 2413-2810.

Summary This document contains a critical analysis of constitutional interpretation realized by the Plurinational Constitutional Court regarding two articles in the Plurinational Constitutional Sentence (PCS) 2,055 / 2012: 64 and 65, integral of Chapter I of Title V of the Framework Law of Autonomy and Decentralization (LMAD). There are evident gaps in legal and political philosophy approach about the State, plurinationality, political pluralism and intercultural democracy among others unresolved issues from the doctrinal pointof viewand constitutional approach; moreover it becomesclear that the Judgment has a mechanical treatment, extremely simplifying, deeply contradictory and ultimately confusing fundamentals, leading to an impoverished vision of political-administrative, legal, constitutional and territorial order of the State. For that reason, the conclusion of the Constitutional Court on the constitutionality of the Article 65 of the LMAD is partial and inconsistent with the foundations and the doctrine that legitimizes the violation of the text and constitutional spirit.

Keywords : Plurinational Constitutional Court; Constitutional Sentence; Framework Law of Autonomy and Decentralization.

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