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Cuestiones constitucionales
versión impresa ISSN 1405-9193
Resumen
PAZO PINEDA, Oscar Andrés. The preventive control of constitutionality as a mechanism of protection of international good faith. Cuest. Const. [online]. 2021, n.45, pp.279-311. Epub 09-Mayo-2022. ISSN 1405-9193. https://doi.org/10.22201/iij.24484881e.2021.45.16664.
The constitutionality control has gone through different phases. Initially, it was a discredited institution, particularly in Europe. This was because the “cult of the law” was ingrained in that part of the world. In this context, an initial way to make this notion compatible with the constitutionality control was the “prior control of constitutionality”, which allowed the content of the laws to be audited, but before they were published. Subsequently, this tool has been incorporated with the purpose of avoiding the emergence of the international responsibility of the State. This article seeks to demonstrate how preventive control is essential to guarantee the balance between constitutional supremacy and the pacta sunt servanda principle.
Palabras llave : Preventive control; International responsibility; Supremacy of the Constitution.