Control de constitucionalidad en un estado constitucional de derecho y posturas criticas

Abstract

Constitutional review is a cornerstone of the Constitutional State, entrusted with safeguarding the supremacy, primacy, and normative hierarchy of the Constitution within the legal order. In Bolivia, this mechanism is exercised by the Plurinational Constitutional Court (PCC), established under a concentrated model with pluralistic aspirations. In recent years, however, intense doctrinal and political debate has emerged concerning its performance, particularly regarding the issuance of additive and modifying rulings that give rise to constitutional mutations. This study presents a qualitative systematic review of doctrinal and jurisprudential literature published between 2002 and 2024. It contrasts positions that defend concentrated constitutional review with critical perspectives centered on judicial activism, the counter-majoritarian objection, objective morality, and the politicization of the PCC. The findings reveal a persistent tension between the protective function of constitutional review and its drift toward practices that erode the separation of powers, democratic legitimacy, and the integrity of the constitutional text. The discussion concludes that, although the concentrated model is theoretically coherent, its implementation in Bolivia demands institutional reforms aimed at strengthening transparency, citizen participation, and respect for legal pluralism—preventing the PCC from evolving into a political actor disguised as a neutral interpreter.