El (neo) constitucionalismo colombiano: una representación ideológica del derecho

The present article describes the consequence that produces (neo) constitutionalism in law practice. In effect, is analyzed the discourse that holds the crisis of the legal positivism and is reconstructed the theoretical and practical process of the constitutionalization of the legal system. As well...

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Bibliographic Details
Main Author: Celis Vela, Dúber Armando
Format: Article
Language:Spanish
Published: 2010
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=6766535
Source:Estudios de derecho, ISSN 0120-1867, Vol. 67, Nº. 150, 2010, pags. 303-328
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Summary: The present article describes the consequence that produces (neo) constitutionalism in law practice. In effect, is analyzed the discourse that holds the crisis of the legal positivism and is reconstructed the theoretical and practical process of the constitutionalization of the legal system. As well, it is proposed that in a (neo) constitutional context, the use of law depends of a legal representation that articulates facts and norms in function to specific interests. This situation coincides with a ductile and flexible image of the legal practice, in which, (neo) constitutionalism is consolidated how an ideology about the role that law should carry in the society