CONSTITUTIONAL REVIEW: FROM ULTIMA RATIO TO PRIMA RATIO

Abstract

This article will deal with the analysis of the control of constitutionality that takes place in our country, analyzing in which instances our Supreme Court understands that it is appropriate. What it seeks is to reflect on whether or not it is appropriate to maintain the idea that the exercise of constitutionality control constitutes the "ultima ratio" or if it is actually the first (jurisdictional) function that the Court must develop. It seeks to rethink the relevance of the exercise of this function whose main mission is to safeguard the supremacy of the National Constitution. The work carries out a survey of the most relevant doctrine and jurisprudence of our Supreme Court on the control of constitutionality that somehow supports the thesis here sustained.