Intervention regarding the constitutional prohibition of possession and consumption of narcotic substances.
Dejusticia
May 16, 2011
Dejusticia intervened to challenge a legislative constitutional reform prohibiting the possession and consumption of drugs, which sought to replace jurisprudence of the Constitutional Court that interpreted the right to personal autonomy as permitting the possession of a personal dose of drugs.
To support this argument, the intervention focuses on the substitution test, proposing that the constitutional reform power exercised by the Congress through legislation is less than that exercised by the people through a referendum and the Constituent Assembly. Thus, Congressional constitutional reforms must be more protective of rights must be wider than the one applied to reforms where people are directly involved and the Court’s review must be stricter.
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