La constitución del Estado de derecho
This paper argues for the existence of a constitution of the rule of law, formed by a set of values and principles which are substantially moral and originally legal, but that are in relation to law’s constitutive dimensions and not with contingent demands raised to it from an external morality....
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| Format: | Article |
| Language: | Spanish |
| Published: |
2020
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7498764 |
| Source: | Anuario de filosofía del derecho, ISSN 0518-0872, Nº 36, 2020, pags. 87-110 |
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| Summary: |
This paper argues for the existence of a constitution of the rule of law, formed
by a set of values and principles which are substantially moral and originally
legal, but that are in relation to law’s constitutive dimensions and not
with contingent demands raised to it from an external morality. The content of
this constitution is located in the institutional option by the rule of law as a
method of government, that is, in the option for the exercise in a legal form of
social control. The principles of legality, as constitutive conditions of the form
of law, are a necessary part of that constitution. These principles are also the
normative expression of a series of moral values: control of arbitrary coercion,
limitation of power, agency of the individual, and freedom of the individual
against the will of the others guaranteed in the adjudicative processes. The
relationship of these values with the law shows that it is necessarily connected
to morality, since it consists of a specific morality, in the sense that it is the form
of expression of social control claimed by the values that form it. |
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