Abstract

SULBARAN-ALVAREZ, Héctor Mario. Approach to a Conceptualization of Constitutional Supremacy from the Jurisprudence of the Supreme Court of the USA. UU. Justicia [online]. 2019, n.35, pp.122-141. ISSN 0124-7441.  https://doi.org/10.17081/just.24.35.3396.

The purpose of this article is to analyze the irruption of neoconstitutionalism, seeking to define an underlying postulate in this: the principle of constitutional supremacy from the jurisprudence of the US Supreme Court, as well as simultaneously examine the legal-political basis of the judicial activism itself of the referenced paradigm.

The topic is framed within its original borders: The Anglo-Saxon right, while tangentially related to the Colombian normative order thanks to its tacit impact on its structure, especially in its system of sources to become the successor trend of the traditional phenomenon positivist.

The documentary review of the state of the art was used as a method through the selective search in databases and the study of the literature dealing with the subject, information processed through analytical review sheets (FRA), bibliographic and reading cards, as well as standardized jurisprudential analyzes.

The principle of constitutional supremacy is conceptualized from the main doctrines previously identified, raised in the US federal administrative system, specifically the development of the task of the administration of justice: the notions of the principle of constitutional supremacy in a strict sense, freedom of expression and the hegemony of race, as constants in the evolution of the Supreme Court of the United States.

Finally, a position is set against the enabling substrate of judicial practice as a container for the other arms of the State and its self-attribution for the exercise of public policies based on constitutional supremacy.

Keywords : Constitutional supremacy; Scotus; Freedom of expression; Race hegemony; Judicial activism.

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