The principle of constitutional interpretation in conformity with the fundamental rights in judicial review: Theoretical basis, from abstract to concrete

Abstract

Currently in most of the Latin American Countries, Constitutional Courts are more protective of Fundamental Rights through judicial review of legislation. Notwithstanding, we must remember that one of the main topic of the theory of Rights is the concrete point of view. Meanwhile the history of the European model of Constitutional Review had an abstract character. Some of the structural features of his model were changing and helping to consolidate a hybrid model of judicial review in the most Latin American Countries. With this framework, this article tries to analyze the main possibilities of the principle of interpretation in conformity with the Constitution (naturally abstract) but with a concrete and special focus as it would be to respect and to protect Fundamental Rights. With this, it creates the principle of interpretation of legislation in conformity with the Fundamental Rights in stake at the judicial adjudication.