CONSTITUTIONAL COURTS AND CONSTITUTIONAL CONTROL IN RECENT IBERO-AMERICAN DEMOCRACIES

The aim of this article is to analyze the preview of the Constitutional Courts and the organization of constitutionality control in recent Ibero-American democracies. To do so, with a preliminary result of the research in PhD thesis in Political and Economic Law, we analyzed the process of democratic transition, constitutional option, court structure and constitutionality attributions that permeated the geopolitical rearrangement of three Ibero-American countries, Namely: Mexico, Guatemala and Spain. This article has took as font the Constitutions of these countries and studies of political science by ibero-american production. At the end, a comparative table of reference was drawn up and reelected on the effective role of the Cortes for Democratic Consolidation and safeguarding of fundamental rights. It was found among the countries surveyed that the model of democratization by rupture is basically accompanied by a new constitutional text, while the democratization by transition is based on reforms in pre-existing texts. Another important fact is the constitutionalization of authoritarian regimes or coexistence of Constitutional Courts and systems of constitutionality control with such regimes, thus questioning the very relationship of these institutions with the Power.