RESOLUTION OF LEGAL CONFLICTS OF A CONSTITUTIONAL NATURE. CONSTITUTIONAL JURISPRUDENCE
RESOLUTION OF LEGAL CONFLICTS OF A CONSTITUTIONAL NATURE. CONSTITUTIONAL JURISPRUDENCE

Summary/Abstract: The meaning of the phrase legal conflict of a constitutional nature is not defined by the Constitution, but the Constitutional Court, in its jurisprudence, specified the content of this attribution. Thus, the legal conflict of a constitutional nature involves concrete acts or actions by which one or more authorities arrogate to themselves powers, attributions or competences which, according to the Constitution, belong to other public authorities or the omission of some public authorities, consisting in declining the competence or in the refusal to perform certain acts that are part of their obligations. The Constitutional Court recalled the fact that it found, over time, behaviors contrary to the mentioned principle, and ruled on the obligation of constitutional loyalty, of loyal constitutional behavior that governs the exercise of the powers of public authorities in a state of law. In this study, we analyze aspects of doctrine and jurisprudence regarding conflicts of a constitutional nature between state authorities and the meanings of the concept of “loyal constitutional behavior”.

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