Métodos de interpretación del derecho en el constitucionalismo contemporáneo
The purpose of this paper is to outline the elements of argumentation and legal hermeneutics as appropriate methods to justify judicial decisions that have gained special relevance in the context of the constitutionalization of law in Colombia. It is argued that these methods based on principles and...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
2011
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6766610 |
| Source: | Estudios de derecho, ISSN 0120-1867, Vol. 68, Nº. 151, 2011, pags. 293-315 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
The purpose of this paper is to outline the elements of argumentation and legal hermeneutics
as appropriate methods to justify judicial decisions that have gained special relevance in the
context of the constitutionalization of law in Colombia. It is argued that these methods based
on principles and values , and contributions of contemporary constitutional law of fundamental
rights is a step in the establishment of a new conception of legal validity. Compared these two
approaches-legal argumentation and hermeneutics, we conclude that even with their differences,
both rescue the evaluative perspective in legal reasoning and constitutional supremacy in the judicial
task. It highlights the hermeneutic perspective in that it allows a direct link elements of the
social and historical values and constitutional principles in connection with fundamental rights. |
|---|