El concepto de desconstitucionalización.
Abstract. The author delves deeply into the notion of deconstitutionalization, analyzing the concept as a reduction of the Constitution, as the abandonment of the liberal political principles of constitutionalism, as the loss of constitutional rank in constitutional regulations, and as the “sociolog...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2007
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6119788 |
| Source: | Revista de Derecho: Publicación de la Facultad de Derecho de la Universidad Católica de Uruguay, ISSN 1510-3714, Nº. 2, 2007 (Ejemplar dedicado a: Revista de Derecho), pags. 181-195 |
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| Summary: |
Abstract. The author delves deeply into the notion of deconstitutionalization, analyzing the concept as a reduction of the Constitution, as the abandonment of the liberal political principles of constitutionalism, as the loss of constitutional rank in constitutional regulations, and as the “sociological abrogation” of constitutional provisions. He then focuses on specific contemporary phenomena unusually relevant to constitutionalism, such as: (a) the dismantling of the Constitution according to notions such as those of emergency law, the doctrine of constitutional violation and the granting of full authority to the Executive Branch,among others; (b) the undervaluing of the Constitution due to the absence of full compliance and the erosion of “constitutional awareness”, etc.; (c) constitutional corruption or fraud due to the use of other values different from the constitutional ones or as a result of thepractice of an unconstitutional legislation not declared as such. Finally, a specially interesting axiological analysis is drawn up whereby the author demystifies the issue. |
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