Mutación e interpretación evolutiva de la constitución: Dos casos Uruguayos

Abstract

Based on the concepts of constitutional mutation and living constitutionalism it is intended to identify their similarities and differences, reviewing the various doctrinal variants that exist with respect to each of them, which significantly complicates their study. After the conceptual review raised some bases for the analysis of these issues and the study moves to Articles 72 and 216 of the Uruguayan Constitution. The author concludes that regarding Article 72, there has been an interpretative evolution of the notion of the living constitution, but without a mutation in strict sense. Unlike the case of Article 216 in respect of which a case of mutation occurs, albeit with some problems.