Aplicación directa y control constitucional, alcance y facultades en el ejercicio de los jueces.

Abstract

The purpose of this paper is to analyse and clarify the scope of the powers of the judges of first instance in the exercise and application of the constitutional control they carry out, in order to determine their framework of action when resolving cases in which doubts arise about the constitutionality of a rule with respect to the Constitution. The paper analyses the problems that arise for judges of first instance when dealing with these cases, due to the obligation to refer for consultation, a provision established in article 428 of the Constitution. It also analyses the indeterminacy and lack of clarity that the jurisprudence of the Constitutional Court itself has issued in this regard. In order to carry out this analysis, the paper addresses the impact of the principles of direct application and constitutional supremacy on the role of judges when resolving specific cases. The jurisprudence, regulations and problems that arise in this regard are presented, and some possible solutions to the issues raised are proposed.