Resumo

CHAUX DONADO, Francisco José. CONSTITUTIONAL ENGINEERING. THE EVOLUTION OF CHECKS AND BALANCES IN THE STATE BASED ON THE RULE OF LAW. Vniversitas [online]. 2013, n.126, pp.89-121. ISSN 0041-9060.

The separation ofpowers and checks and balances are considered essential elements of a State based on the rule of law, for without them the creation of a Constitution is not possible. Currently, nevertheless, we not only demand abstention from the State but frequently a positive realisation of the public establishment is necessary, in order to effectively achieve the pertinent rights. The present paper intends to find a balance between a State based on the rule of law and the separation of powers and checks and balances, procuring a compatible agreement between form, reason and meaning -in constant evolution-, which should be supplied to figures that limit power, so as to make them compatible with the need ofpositive action from the State. The paper concludes with the idea that the value of the separation ofpowers and of checks and balances is a Deus ex machine, because the importance of the figure does not come from an abstract design, butfrom the functional structuring of the elements integrating the state organisation in virtue of which an effective constitutional machinery is put together, reflected in an efficient organisation for the realisation of the State based on the rule of law.

Palavras-chave : Separación de poderes; efectividad de los derechos; Separation of powers; checks and balances; State based on the rule of Law; political constitution; effectiveness in rights; Separation of powers; rule of Law; social state of Law; effectiveness and validity of Law.

        · resumo em Espanhol     · texto em Espanhol     · Espanhol ( pdf )