Reforma para un control previo de constitucionalidad de normas referendarias

Abstract

This essay presents a proposal for a legal reform to the Law on Referendum Regulation and the Law on Constitutional Jurisdiction to establish a previous control of constitutionality of the regulations that are discussed by means of a referendum. The main source of this analysis is Supreme Electoral Tribunal Resolution Nº 2742-E9-2017 that refused to call a referendum on the bill entitled “Law on Penalizing Animal Mistreatment and Cruelty” because it was deemed to be contrary to Constitutional Law.