Page:British and Foreign State Papers, vol. 144 (1952).djvu/355

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of the granting and revocation of conditional liberty, in accordance with law.

193. Juvenile Courts are created. Their organisation and functioning shall be regulated by law.

Section 7.—Unconstitutionality

194. A declaration of unconstitutionality can be requested:

(a) By those interested in lawsuits, causes or matters tried before the regular and special courts.

(b) By 25 citizens who evidence their status as such.

(c) By any person who is affected by the provision that is deemed unconstitutional.

Judges and courts are obligated to settle conflicts between laws in force and the Constitution, adjusting themselves to the principle that the latter shall always prevail over the former.

When a judge or court considers any law, decree-law, decree or provision inapplicable, because he deems that it violates the Constitution, he shall suspend the proceedings and forward the matter to the Court of Constitutional and Social Guarantees, in order that it may declare or deny the constitutionality of the precept in question and return the matter to the one who forwarded it, so that he may continue the proceedings, issuing the safety measures that are pertinent.

In administrative proceedings, an unconstitutionality appeal may be filed when contentious-administrative proceedings are resorted to. If this course is not authorised by law, the unconstitutionality appeal can be filed directly against the administrative resolution.

Unconstitutionality appeals, in the cases enumerated in Articles 131, 174, 182 and 186 of this Constitution, shall be filed directly with the Court of Constitutional and Social Guarantees.

In every unconstitutionality appeal, the courts shall always decide on the merits of the claim. If the appeal has any technical defect, they shall grant the appellant a period within which to correct it.

No law, decree-law, decree, regulation, order, provision or measure that has been declared unconstitutional can be applied in any case or manner, under penalty of disqualification to hold public office.