Constitutional judges (guarantee of the Constitution and responsibility)

My aim in this paper is to propose a reflection on the position and the importance that the constitutional judge has in the legal systems of contemporary constitutionalism. The figure of the judge responsible of protecting the Constitution is a key institution, without which we cannot understand the...

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Bibliographic Details
Main Author: Ansuátegui Roig, Francisco Javier
Format: Article
Language:English
Published: 2012
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Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=4809169
Source:Revista Estudios Socio-Jurídicos, ISSN 0124-0579, Vol. 14, Nº. 2, 2012
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Summary: My aim in this paper is to propose a reflection on the position and the importance that the constitutional judge has in the legal systems of contemporary constitutionalism. The figure of the judge responsible of protecting the Constitution is a key institution, without which we cannot understand the laws of constitutional democracies, their current lines of development, and the guarantee of rights and freedoms that constitute the normative core of these systems. Moreover, the reflection on the exercise of the powers of the judge, its scope and its justification is an important part of contemporary legal discussion, still relevant, albeit not exclusively - in the field of legal philosophy. The object of attention of my reflection is the judge who has the power of judicial review, in a scheme of defense of the Constitution, regardless the specific ways of this defense.