Judicial Review

In principle, we will initiate indicating that in doctrine and in practice exist two systems of control of the constitutionality of legal rules, this depending on the organ to which the Constitution order function. It is so we have the fuzzy control, because a conflict of one legal against a constitutional norm has to prefer the latter, and this work is commissioned by any operator of law, for a respectable of doctrine sector in charge only to the judges, and control concentrated, because that work is vested in a single specialised body, who exercised control of the constitutionality of laws. Background in its origins both institutions differ in time and in space, i.e. in places where originally, at least according to some studies conclude, they have been applied. The so-called diffuse system as a system of revision of the Constitution also known as Judicial Review dates its beginnings to resolved by Judge Marshall in the case Marbury vs. Madison in the year 1803 in the United States of America, and where it was resolved that all judges and all courts must decide in individual cases that are submitted to it in accordance with the Constitution inaplicando you law unconstitutional, highlighting in the resolved that such work corresponds to all courts and judges, not limited to one in particular. The concentrated system, abstract or merely European, dates its origins to the creative work of Hans Kelsen in 1920, and whose major feature is that it leaves the control of constitutionality in the hands of a single body or ad hoc tribunal.

These two large pure models of control of constitutionality over time were scattering in different countries, keeping purely concentrates, or purely diffuse, but also true is that in many other countries was developing a model mixed or blended by both pure systems matter of comment. And Latin America in a peculiar manner and from the second half of the 20th century was developing the fusion of both pure systems, reaching apply this dual model in countries such as Bolivia, Mexico, Brazil, and Peru among others. Characteristics the Control diffuse of the constitutionality of laws, as already stated, is any organs jurisdiction, regardless of the specialty; the Act continues to be valid only inaplicara to the contentious case.