Abstract

VASQUEZ MORALES, Gerardo  and  BARRIOS MIRANDA, Angel. Constitutional supremacy: theoretical approach of the conflict of hierarchy, jurisdiction and competition. Universidad y Sociedad [online]. 2018, vol.10, n.1, pp. 155-163.  Epub Mar 02, 2018. ISSN 2218-3620.

Constitutional law includes principles of essential interest to uphold the rule of law. Therefore, the objective was to determine theoretically how constitutional supremacy influences finding solutions to conflicts of hierarchy, jurisdiction and competition. The bibliographic methodology was applied, whose results indicated that the principles of jurisdiction and competence complement the one of hierarchy, the most important one and when dealing with controversies between different hierarchical levels, when this case is not involved, it can be considered the other two, on matters of territory or where two or more courts or authorities have been present, which may be resolved through administrative, judicial or legislative bodies, with greater emphasis on the latter body to which the Constitution gives the authority to create , repeal and reform laws. In conclusion, conflicts of jurisdiction can be resolved through the decisions of legislative, administrative or judicial bodies, while the hierarchy establishes the validity of a hierarchically superior rule over a lower one, all legal bodies must conform to constitutional norms and not contradict its norms, so that the source of right is the Magna Carta.

Keywords : Supremacy; constitution; hierarchy; jurisdiction.

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