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Revista Jurídica Derecho

Print version ISSN 2413-2810

Abstract

CUSI ALANOCA, José L. The interpreter of the constitution Does the interpretative function of the Constitution correspond to the “interpretative judge” or constitutional judge?. Rev. Jur. Der. [online]. 2022, vol.11, n.17, pp.119-138. ISSN 2413-2810.

Abstract Constitutional justice is exercised by the Plurinational Constitutional Tribunal of Bolivia. Therefore, the interpretative function of the Constitution, only corresponds to the Plurinational Constitutional Tribunal, who according to the threshold established in Article 196 of the Political Constitution of the Plurinational State of Bolivia, will decide the conflict of obscurity or in case of doubts always applying the will of the constituent, according to its documents, acts and resolutions, as well as the literal tenor of the text, and not the moral-valuable and arbitrary interpretation of the judge -interpretativist or neoconstitutionalist- on the Constitution. This article discusses Dworkinian interpretivism vis-à-vis the concept of compression and execution of the Constitution

Keywords : Interpreter; interpretation; interpretivism; - constitutional judge; Constitution.

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