La aplicación de los principios por el juez constitucional: ¿discrecionalidad absoluta? Algunas consideraciones a las posiciones del profesor Riccardo Guastini.

The goal of this paper is to focus on two controversial points of Professor Riccardo Guastini’s theory, on the one hand, and on the way in which the indeterminacy of the field of application of constitutional principles bears on the discretionary power of constitutional judges, on the other. Thus, the thesis that I defend in this paper is that, despite the constitutional judge have a wide margin of discretion, also there are objective parameters into his decision process that rationalize this discretion; which is more clearly appreciated from functional and institutional point of view rather just one theoretical. [ABSTRACT FROM AUTHOR]