Abstract

BORTH IRAHOLA, Carlos. Composition and independence of the electoral body: Errors and omissions of the constitutional sentence 0680/2012. Rev. Jur. Der. [online]. 2016, vol.4, n.5, pp.19-33. ISSN 2413-2810.

The article contains a critical analysis of Judgment 0680/2012 of the Plurinational Constitutional Court of Bolivia, with which the "guardian of the Constitution" settled an unconstitutionality petition filed by assembly members from the city of Santa Cruz de la Sierra against the provisions of the Law of the Plurinational Electoral Organ related to the formation of the Departmental Electoral Courts. In the document, using as a theoretical reference the contributions of Konrad Hesse, a thorough evaluation is made of the principles of practical agreement, integrative efficacy, legal reserve and functional correction, guiding the constitutional interpretation. The study, with theoretical rigor, leads to the assertion that the Constitutional Judgment subject to critical evaluation suffers from low technical and legal quality and, what is worse, eludes the prosecution of the fundamental conflict between articles 172.21 and 206.V of the Constitution, which was also not visualized by the plaintiffs.

Keywords : Constitutional Court of Bolivia; constitutional jurisprudence; conformation of the electoral body.