EL CONTROL JUDICIAL DE LOS ESTADOS DE EXCEPCIÓN CONSTITUCIONAL: LA SUPREMACÍA DEL PRESIDENTE DE LA REPÚBLICA

Abstract

Is the Presidential Power to declare states of emergence immune to judicial review? This is the key question addressed in this article. Based on legal arguments as well as historical, comparative, doctrinal and case-based arguments, we conclude that the Executive Branch is above the Judicial Power when it comes to interpret the emergency rule. Underlying this statement rests the idea that the text of the Constitution is not wholly enforceable by the judiciary