The Private Nature of the Process of Non-Applicability Due to Unconstitutionality

Abstract

The structure of the non-applicability process is based on the traditional model of private litigation. It includes the formalities of a motion that also arises from a litigation built on the basis of the private process model. This article analyzes some of the difficulties arising from the use of this model in a specific judicial review process that has interests and objectives away from the private litigation.