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artículo
Publicado 2021
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The notion of constitutional block can be formulated using the following paradoxical picture: The constitutionality block refers to the existence of constitutional provisions that do not appear directly in the Constitution. What does that mean? Something that is very simple but at the same time have complex legal and political consequences: a constitution can be normatively more than the Constitution itself, that is, the constitutional rules, or at least legal supra, may be more numerous than those that can be found in the body of the written constitution. For example, in the United States is clear that women have a constitutional right to abortion, as the Supreme Court of that country in the Roe v Wade ruling in 1973 said. Similarly in France is undisputed that the right to organize and strike have constitutional status, such as the Constitutional Council ruled that country in several d...