JURIDICAL ORGANIZATION OF POWER : SOURCE SYSTEM IN THE CONSTITUTION OF BOLIVIA OF 2009
PDF (Spanish)

Keywords

Bolivia
Constitution
Sources
Justice and politics
Law
constitutional supremacy
continuity of the legal system
sources of law
structure of the legal system
formal relations among sources of law
hierarchy
jurisdiction
normative powers

How to Cite

Andaluz Vegacenteno, H. (2010) “JURIDICAL ORGANIZATION OF POWER : SOURCE SYSTEM IN THE CONSTITUTION OF BOLIVIA OF 2009”, Vniversitas, 59(120), pp. 17–60. doi:10.11144/Javeriana.vj59-120.ojps.
Almetrics
 
Dimensions
 

Google Scholar
 
Search GoogleScholar

Abstract

The recently in force Bolivian Constitution of 2009 brings a change in the structure of the legal system. This paper analyzes such change through the formal relations among the legal sources and exposes the structure of the Unitarian and territorially decentralized State shaped by the Constitution. Besides a previous theoretical frame, the paper is divided into two main parts: the first one regards the Constitution as a legal source, and includes the legal consequences of its

supremacy, the limits of the interpretation clause of the Constitution and the application of the stare decisis doctrine to the Constitutional Court precedents; the second part exposes the ordinary legal sources, its respective position in the structure of the legal system and the formal relations among them. 

PDF (Spanish)

This journal is registered under a Creative Commons Attribution 4.0 International Public License. Thus, this work may be reproduced, distributed, and publicly shared in digital format, as long as the names of the authors and Pontificia Universidad Javeriana are acknowledged. Others are allowed to quote, adapt, transform, auto-archive, republish, and create based on this material, for any purpose (even commercial ones), provided the authorship is duly acknowledged, a link to the original work is provided, and it is specified if changes have been made. Pontificia Universidad Javeriana does not hold the rights of published works and the authors are solely responsible for the contents of their works; they keep the moral, intellectual, privacy, and publicity rights.

Approving the intervention of the work (review, copy-editing, translation, layout) and the following outreach, are granted through an use license and not through an assignment of rights. This means the journal and Pontificia Universidad Javeriana cannot be held responsible for any ethical malpractice by the authors. As a consequence of the protection granted by the use license, the journal is not required to publish recantations or modify information already published, unless the errata stems from the editorial management process. Publishing contents in this journal does not generate royalties for contributors.