APROXIMACIÓN A UN ANÁLISIS NORMATIVO DE LA REVISIÓN JUDICIAL

Abstract

This paper aims to study how a normative analysis could be applied to the judicial review of constitutionality concerning fundamental rights clauses. This involves analyzing whether such clauses are susceptible to be understood as constitutional norms that can be inconsistent with law or violated by legislative action. Finally -and after dis-cussing the disadvantages of the weight formula and Dworkin's moral reading theory-, we briefly discuss the implications of the proposed model in both the theory of legal reasoning and in the conception of fundamental rights.