ABSTRACT

One of the most exigent problems of constitutional law is whether the fundamental constitutional standards can resist social, technical and economic changes or, to the contrary, need to adapt to these new circumstances. Constitutional resistance to challenges is likely to trigger the modification or redefinition of the interpretation methods discernible in constitutional case-law with regard to fundamental rights, such as the necessity of proportionality. In order to protect constitutional principles, one need to identify the existence of constitutional standards likely to impose upon State authorities, and that, in turn, raises the question of their enforceability. The definition of these standards means, first of all, to define the level on which they are developed. Resistance can come from rules within the constitution, which would include not supranational rules, but those with constitutional value and that impose on constitutional rules of lesser importance, hence the suggested term 'supra-constitutional'.