El acto parlamentario y su control jurisdiccional

The purpose of this work is to deal with several questions raised by Parliamentary law-specifically, the concept of parliamentary act and its judicial review. The aim of contemporary constitutionalism is seemingly in significant conflict with the idea of parliamentary sovereignty, especially where c...

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Detalhes bibliográficos
Autor: Fernández Gutiérrez, Marco
Tipo de documento: artigo
Estado:Versão publicada
Data de publicação:2016
País:España
Recursos:Asamblea de Madrid
Repositório:Asamblea. Revista Parlamentaria de la Asamblea de Madrid
OAI Identifier:oai:revista.asambleamadrid.es:article/120
Acesso em linha:https://revista.asambleamadrid.es/index.php/rvam/article/view/120
Access Level:Acceso aberto
Palavra-chave:Teoría del acto parlamentario
interna corporis
Tribunal Constitucional
control jurisdiccional
soberanía parlamentaria
Parliamentary act
parliamentary sovereignty
interna corporis theory
internal proceedings
Constitutional Court
judicial review
Descrição
Resumo:The purpose of this work is to deal with several questions raised by Parliamentary law-specifically, the concept of parliamentary act and its judicial review. The aim of contemporary constitutionalism is seemingly in significant conflict with the idea of parliamentary sovereignty, especially where constitutionalism is safeguarded through judicial review. This paper provides a circumscribed theory of parliamentary act, which seeks a critical approach to its control, particularly by means of judicial review. Parliamentary action could be verified by different instruments, either through internal proceedings, or through judicial review. Although this question encounters considerable difficulties when explaining the development of an effective and respectful control, this work attempts to focus chiefly on the need of this judicial review, not only because it is an essential safeguard to maintain the standards of law, but also because a more completely control means a better democracy.