Constitutional Mutation: the case of Human Right to Education

Abstract

Because of the constitutional interpretation, typically assigned to constitutional courts, the figure of the mutation arises in law. That is to say, the possibility of adapting to today, the express text of constitutional rules. It is a phenomenon typical of how dynamic it is, in itself, the very supreme norm. The use of this remedy could, for some, result in the crime of prevariciot, thus not the lack of abuse of power because it is not possible to sue the judges. Through this instrument, the Constitutional Chamber of homeland has been able to derive from the ordinal 78 constitutional, the human right to education which, for this case, has been a successful task.