The article is about the implied revisions of the Constitutions. It especially focuses on the peculiarities of the constitutional interpretation, which leaves a lot of space to the judges, as well as to the legislator and the public administration. The possibility of changing the meaning of the Constitution, however, is a variable of the style of the Constitutions, more or less detailed from time to time. The Constitutions are subject to change, without formal reviews, through the implementing legislation, constitutional conventions and especially thanks to the jurisprudence of the Constitutional Courts and Tribunals . These two, in recent years, can even prevent formal reviews, whenever they have or take the power to check their consistency with the so-called hard core of the Constitution. Therefore, they not only can make changes through their interpretative activity, but also "preserve" the Constitution in force, even if the power of review wants to change it.
Pegoraro Lucio (2016). Revisões informais da Constituição. Montevideo : Universidad Católica del Uruguay.
Revisões informais da Constituição
Pegoraro Lucio
2016
Abstract
The article is about the implied revisions of the Constitutions. It especially focuses on the peculiarities of the constitutional interpretation, which leaves a lot of space to the judges, as well as to the legislator and the public administration. The possibility of changing the meaning of the Constitution, however, is a variable of the style of the Constitutions, more or less detailed from time to time. The Constitutions are subject to change, without formal reviews, through the implementing legislation, constitutional conventions and especially thanks to the jurisprudence of the Constitutional Courts and Tribunals . These two, in recent years, can even prevent formal reviews, whenever they have or take the power to check their consistency with the so-called hard core of the Constitution. Therefore, they not only can make changes through their interpretative activity, but also "preserve" the Constitution in force, even if the power of review wants to change it.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


