The control of constitutionality under the Cuban Constitution of 2019: a proposal for its functionality

Abstract

The Cuban Constitution of 2019, in force since April 10, 2019, conceives a system of constitutional control that emanates from the National Assembly of People's Power, namely a body that has the legislative function among its powers. This system follows a tradition of socialist constitutionalism established for the first time in Cuba in the 1976 Constitution, which did not conceive the aforementioned control by an organ external to that with legislative functions. This lead to a scenario in which was not possible to create a coherent and functional system for the control of constitutionality, considering the existence of legal rules, including those of the National Assembly, containing provisions that constitute clear violations to the Constitution and the system. The present article, considering the logic established in the Constitution of 2019, provides a proposal for its improvement in the face of future legislative reforms.