Forty years after of establishment of Corte de Constitucionalidad

Abstract

The purpose of this article is to provide a panoramic overview of the Guatemalan constitutional court: Corte de Constitucionalidad, nearly forty years after its establishment. With that aim in mind, a historical review of constitutional control in Guatemala is conducted from its independence to the enactment of the Political Constitution of the Republic promulgated in 1985. Logically, special emphasis is placed on the efforts to establish a concentrated constitutional court, the parliamentary vicissitudes to achieve it, and ultimately the final product, specifying how it is organized, including its attributed competencies. Similarly, it addresses the contribution of the court within the system containing sources of human rights, as well as some relevant rulings that indicate possible tense relationships with the branches of government, in addition to those related to contributions to the constitutionalization and conventionalization of the legal framework and the actions of state powers. Important motivation for this work has been to highlight the significant effort made in the defense of democracy and institutionalism. The intention behind the panoramic exposition contained in the brief paragraphs of this article is to highlight the positive outcome of the experience of upholding the grand constitutional text over any normative provision and act of authority.