Abstract

VAZQUEZ GOMEZ BISOGNO, Francisco. The Supreme Court and the Constituted Constituent Power: Toward the Defense of the Intangible Nucleus of the Constitution. Cuest. Const. [online]. 2010, n.22, pp.275-317. ISSN 1405-9193.

On defending the intangible nucleus of the Constitution, the constituted constituent power must be submitted to specific constitutional means of control, is the fundamental premise which the author is supporting along this article. To prove his hypothesis, the author starts with the debate generated by the 2007 approved electoral reform, the same that has been questioned by a wide doctrine sector of our society, considering such a constitutional reform as one which went far beyond the limits established by the contemporary constitutionalism, in particular, the fundamental right of free expression. And beyond that paradigmatic case, the author goes deeper into the basic principles of the constitutional theory to prove that, if we actually want to consolidate Mexico as an constitutional and democratic state of law, we must begin by recognizing that within every constitution there is an intangible nucleus, which must be defended of all constituted powers at any given moment, including the organ which wears faculties to reform the fundamental law.

Keywords : Intangible Nucleus; Constituted Constituent Power; Constitutional Control; Rule of Law.