Abstract

CALVIMONTES CALVIMONTES, Magda Lidia. The self-extension of the Plurinational Constitutional Court: A challenge to popular constitutionalism. Rev. Jur. Der. [online]. 2024, vol.13, n.21, pp.73-90. ISSN 2413-2810.

Abstract The article analyzes Resolution 4 of the Plurinational Constitutional Declaration (DCP) 0049/2023, which establishes the extension of the mandate of the authorities of the Judicial Branch and the Plurinational Constitutional Court, establishing as the main thesis that the self-extension carried out by the TCP is unconstitutional and violative of various fundamental principles, such as the separation of powers, judicial independence, the right to political participation and transparency, under the arguments that it violates the principle of separation of bodies, because it assumes functions of the Legislative Body by modifying the Constitution without law involved; The TCP becomes a political actor that seeks to perpetuate itself in power, sacrificing its independence and impartiality; TCP's arguments in DCP 0049/2023m are weak and lack legal basis; The TCP decision weakens democratic institutions and opens the door to abuse of power; The extension is void by constitutional mandate, since the TCP does not have the power to modify the Constitution; violates the principle "Nemo esse iudex in sua causa potest", given that the TCP cannot be judge of its own case; The TCP can only declare the constitutionality or unconstitutionality of norms, not legislate; The self-extension goes against the will of the people expressed in the Constitution and compared to other cases of extension, the extension of the judges of the Judicial Branch is not based on an emergency situation as in other cases. For this, popular constitutionalism has been analyzed, as a constitutional mandate, which establishes that the only interpreter of the Constitution with the power to reform it is the people, through its reform when it violates moral ethical principles, values, jurisdictional guarantees, rights. fundamental, human rights

Keywords : Self-extension; unconstitutional; Plurinational Constitutional Court; democracy; political participation; separation of functions of the bodies.

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