Reflexiones sobre el derecho procesal constitucional en América Latina

Abstract

Constitutional procedural law has three main historical antecedents, which are the English Habeas Corpus Act in 1679, the control of constitutionality in 1803 in the case Merbury vs. Madison by the U.S. Supreme Court and the establishment of the Constitutional Court by the Austrian Constitution in 1920. After describing the history of the birth of constitutional procedural law, the text describes the theses on its legal nature, which may be constitutional law, procedural law, or both. It also discusses the object of constitutional procedural law and the theses about it, as well as its development regarding education, legislation and doctrine in Latin America, finally making some considerations about constitutional procedural law in Europe. Key words: constitutional procedural law, Latin America, procedure, constitution.