Crisis teórica, transiciones constitucionales
The lack of a constitutional theory that has long ceased to provide arguments and criteria for evaluating existing constitutional law, are revealed more sharply as a result of the economic crisis affecting many countries of the old continent, where social model and democratic state of law rooted. Su...
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| Format: | Article |
| Language: | Spanish |
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Universidad Externado de Colombia
2012
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4268027 |
| Source: | Revista Derecho del Estado, ISSN 0122-9893, Nº. 28, 2012, pags. 9-35 |
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| Summary: |
The lack of a constitutional theory that has long ceased to provide arguments
and criteria for evaluating existing constitutional law, are revealed more
sharply as a result of the economic crisis affecting many countries of the
old continent, where social model and democratic state of law rooted. Such
a model had been degraded as a result of economic policies implemented
since the seventies, but only now being felt more clearly the impact, which
mainly affects the democratic principle of the foundations of modern constitutions.
The article presents an overview of the failure of some theoretical
approaches and argues for a boost of theoretical work that accounts for the
interrelationships between political-economic framework and legal regulations.
In other words, the constitutional theory must recover a field of view much
broader than the strict legal discourse, given that we live in a time of transition,
conceived in terms of postmodernism. In this context, the implications
for the constitutional students in the task of unraveling of the new realities
is another of the conditions for reconstruction of the theory. |
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