Estado de derecho, misión de la federación interamericana de abogados (las experiencias de Nicaragua y el Salvador) ¿justicia constitucional o activismo judicial?

Abstract

Based on the author’s experience representing the Inter-American Bar Association within the field of state of law, the article analyzes two situations of conflict in Central America, Nicaragua and El Salvador. In both cases, the author, leading a team from the Inter-American Bar Association conducted an academic research focused within the concept of state of law and the Constitutional Justice in both countries. In the case of Nicaragua the analysis revolves around the reelection of the President and the various legal and judicial actions developed for this purpose. In the case of El Salvador, it studies the conflicts of power arisen between the Legislative Assembly and the Constitutional Chamber of the Supreme Court in 2010-2012, which somehow have affected the constitutional order in that country. The text calls for a balance between the branches of government within the constitutional order, using as example the Doctrine of Political Issue of the United States of America and other substancial considerations.