The present work deals with the attribution conferred to the Constitutional Court by article 93 No 16 of the Constitution, in order to resolve on the constitutionality of the supreme decrees. In summary, it sets out the background of said constitutional precept, the requirements of origin of the request consulted by him and the effects of the favorable sentence. Likewise, it specifies, in light of the jurisprudence of the Constitutional Court, the characteristics of the supreme decrees, the role of the regulations and the opportunity for the dictation of those. It then treats, in the same way, the problems in relation to which, although at the beginning there was an original discussion, this was overcome: maximum legal domain and legitimacy of the regulation to regulate, as well as those in which the discussion has recovered "supremes decrees" and the determination as to whether the Constitutional Court, in accordance with the provisions of article 93 No. 16, can implicitly prosecute the law. Next, it exposes the different tests that said Judiciary has used to evaluate when a regulation can address a certain regulation without violating the Constitution. Finally, it exposes the procedure consulted by the Organic Law of the Court in relation to the challenge of the supreme decrees.
Carmona Santander, C. (2015). Article 93 No. 16 of the Constitution: state of the art and projections. Revista De Derecho Público, (72), Págs. 52–107. https://doi.org/10.5354/rdpu.v0i72.37698
