Limits to judicial discretion in 1991 Political Constitution

Abstract

The purpose of the essay is to demonstrate that judicial discretion in ordinary processes named difficult cases and/or tragic, is limited by the various values and principles provided by the Political Constitution, by the strict block of constitutionality, and by determination of vague constitutional provisions made by the Congress and the Constitutional Court. In order to achieve it, contractions to defile the concepts of moral, justice and public order, are the basis to state that 1991 Political Constitution, bear a great valuation burden, by leaving its precision open to the Congress and the Constitutional Court, at each historical moment, respecting, in all cases, those values selected through consensus by the Constitutional text, therefore, considering its standards as rules, does not have any foundation. Likewise, this essay will unveil the Constitutional standards which force judges to produce valuable judgments when deciding each case, more concretely, it will be demonstrated that validity of legal provisions depend on compliance with democratic procedures to issued standards, and respect for valuating contents of the Constitutional dogmatic.