Approaches to a universal concept of Constitutional Justice

Abstract

Understanding the constitutional scope is not restricted to the content of its articles. The Constitution as a primary source of law and as a reason for a State goes beyond what the primary constituent could print on paper. This is the reason of the importance of constitutional interpretation, with each of its guiding theories or existing slopes. The focus of the discussion is the control of constitutionality and what is called proportionality,balance and weighing, which -within the legal systemare headed by a judge in the exercise of their freedom,independence or autonomy. All this comes into play in the constitutional theory field, to find arguments that reinforce the idea of the existence of constitutional control. Debates that daily feed constitutional supremacy, its true sense, respect and protection from the justice administration at the head of the judiciary, as well as recognition of the constituent power that brings the popular sovereignty and guarantees the democratic power. The doctrine and jurisprudence treated from qualitative and analytical-descriptive research, that has been used in this case, has responded to each of the objectives, giving the opportunity to the next study, which will address the problem of constitutional role of the judge in the concept of constitutional justice.