Il controllo di costituzionalità

Abstract

Abstract: The control of constitutionality – The Cuban experience of the control of constitutionality goes back a long way, and has placed itself in a vanguard position in Latin America since the Constitution of 1901. The system adopted was then that of the so-called mixed American Continental Model, and included in particular direct access to the control of constitutionality of the law in the form of the popular constitutionality action. The system was maintained and perfected under the 1940 Constitution, with the creation of the Tribunal de Garantías Constitucionales y Sociales, established following the model of the Spanish Constitution of 1931. The institutional situation, of course, was profoundly innovated with the (“Fidel Castro’s”) Cuban Constitution of 1976 (inspired by the “Stalinist” Soviet Constitution of 1936), after the transitional period of the Batista regime (1952-1959), and was still maintained with the Constitution of 2019. The current system provides for political and non-jurisdictional control of the constitutionality of laws and other legal regulations, entrusted to the National Parliamentary Assembly.