Constitutional Supremacy .

The Constitution is the supreme legal norm of the State. Everyone is obliged to comply with it. The provisions and acts of the organs of the State, its directors, officials and employees, as well as those of organizations, entities and individuals are in accordance with its provisions.

This is provided for in the new Constitution:

Article 7.

It is valid, then, to recognize that constitutional supremacy must be interpreted as normative supremacy and, at the same time, as political-ideological supremacy; thus, constitutional supremacy plays the role of protector of its socio-political system, based on the economic relations it protects.

Thus, constitutional supremacy becomes the political legacy of the constituted power and the orienting guide of the nation.

In Cuba, with a modern constitutional text, that of 2019, its defense becomes necessary. However, such defenses, by themselves, only guarantee the constitutional supremacy in the specific cases described above, which is why we should take a look at other situations in which the so-called «constitutional defense systems» are deployed.

The history of the defense of Constitutions began in the United States of America when, in 1803, Justice John Marshall, of the Supreme Court of that country, handed down a judgment settling a controversy between a justice of the peace and the Secretary of State of the northern nation, on the occasion of appointments of that nature, protected by a law of the legislature; Justice Marshall based his judicial decision on the primacy of the Constitution over any other legal norm, and thus annulled the law in dispute, alleging that «the powers of the legislature are defined and limited, and so that these limits are not confused or forgotten, the Constitution is written. »

Thus was born a system of constitutional defense named «diffuse», inspired by that judicial decision that some connoisseurs qualify as the «birth» of constitutional law, because before it, there was only constitutional theory.

From then on, the so-called judicial power or courts erected a defensive barrier to constitutionality.

Prof. Consultant Osvaldo Manuel älvarez Torres.