La objeción democrática a la Corte Constitucional.

Abstract

Through the abstract control of constitutionality, the Constitutional Court can remove or modulate a law from the legal system for not being in accordance with the Constitution. A question arises from this, since it would represent a democratic problem for a judge who has not been elected by popular will, to have this power. This questioning is often referred to as the democratic objection. In such a way that the question revolves around itself: should the Constitutional Court have the power to invalidate or modulate norms and would that be a sufficient reason to overcome the democratic objection? The purpose of this work will be to try to resolve this questioning in light of the abstract control of constitutionality that the court has been doing.