Abstract

PAREDES PAREDES, Felipe Ignacio. Judicial Discretion, Reasonableness and Judicial Review. Cuest. Const. [online]. 2020, n.42, pp.251-270.  Epub Mar 09, 2021. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2020.42.14343.

The paper analyzes the importance of the concept of constitutionality test in the judicial review of the legislation, especially when the Constitution delivers to the Congress discretionary powers. The implications of using a specific test are as important as this decision will determine that the law be uphold or invalidate. For this purpose, judicial review of legislation is characterized as a control of reasonableness. Due to there are different models of reasonableness, consequently it produces the existence of different models of constitutionality tests. The article is focused on three widely diffused tests in comparative law: The Wednesbury test, the proportionality test and the strict scrutiny test. This exercise puts clearly in evidence how the constitutional rulings yield different results in each of these cases.

Keywords : Constitutional Court; Rule of Law; Interpretation of the Law; Constitutional Law; Jurisprudence.