Normative Function of Constitutional Decisions

Introduction. This work analyses the normative function of constitutional judgments, their cha- racteristics and their limits. Theoretical Basis. Methods. The theoretical bases start from the work of Hans Kelsen in relation to the condition of “negative legislator” of the constitutional court, which already implies a dero- gatory capacity on the legal order and, therefore, a normative function, completed with the differ- entiation of Vezio Crisafulli between “disposition and norm” that allows opening the constitution- al jurisdiction to a consideration as “positive legislator”. Likewise, theoretical contributions from other works by the author of the research are incorporated. The method that has been used to prepare the work is based on the analysis of the current legal reality of the constitutional jurisdic- tion taking into account the legal context in which it develops its functions. Results. It is concluded that the normative function of constitutional judgments is a structural fea- ture inherent to constitutional jurisdiction, which presents a series of specific characteristics. This normative function is characterized by being a complex reality, due to the diversity of procedures in which it occurs and the different legal material with which the constitutional jurisdiction works. It is also a complementary normative function, which lacks the plenitude of the legal production of law. Lastly, it is a fragmentary normative function, which operates on specific dispositions or provisions of the normative chains, without having the capacity to configure complete normative chains that correspond only to the legislator in the exercise of his legislative function. Discussion and Conclusion. Constitutional decisions clearly develop a normative function, as they incorporate more into the legal system than just the interpretation of the provisions of the law or the Constitution. These decisions derive from legal or constitutional provisions norms that complement the constitutional and legislative levels of the legal system. Thus, they contribute, albeit with the limitations noted in this paper, to the development of the legal system, resolve conflicts and establish norms that can help prevent new disputes. Thus, they perform the peace- keeping function that is inherent in any justice.