Paradox of unconstitutional constitutional norms and their implications

Abstract

This research article addresses the topic of unconstitutional constitutional norms, which are common in many legal systems, especially in Latin America. The term is conceptualized and explores why these contradictory norms are present in constitutions, despite being contrary to them. The role of jurisprudence and doctrine in relation to these norms is also analysed, as well as why they are presumed to be valid. The importance of values and principles in the administration of justice, which are sometimes overlooked, is highlighted. Furthermore, the constitution is examined as the supreme norm in the legal system, and a distinction is made between formal and material constitutions. Finally, the different forms in which unconstitutional constitutional norms can manifest, such
as the violation of the written constitution and the contradiction of unwritten constitutional law,
are explored. The limitations of the written constitution and judicial control competence are also
addressed. In summary, this article provides a comprehensive contextualization of unconstitutional
constitutional norms and their implications in the legal system.