Neoconstitucionalismo
Neoconstitutionalism is referred to by some of its defenders as a new theoretical current of Law, which has come to change the General Theory of Law. Ronald Dworkin, Robert Alexy, Gustavo Zagrevelsky, Santiago Nino, among others, are considered the forerunners of this theoretical current, althoug...
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| Formato: | Artículo |
| Idioma: | Castellano |
| Publicado: |
2023
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| Materias: | |
| Acceso en línea: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8877795 |
| Fuente: | Revista Auctoritas Prudentium, ISSN 2305-9729, Nº. 28, 2023 |
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| Sumario: |
Neoconstitutionalism is referred to by some of its defenders as a new theoretical current
of Law, which has come to change the General Theory of Law. Ronald Dworkin, Robert
Alexy, Gustavo Zagrevelsky, Santiago Nino, among others, are considered the
forerunners of this theoretical current, although they personally do not refer to
neoconstitutionalism in any of their texts, but they are credited with being supporters of
this theory, due to the postulates they defend and what they understand by Law.
Each of them developed epistemological positions, generally oriented to the distinction
between rules and principles, their method of interpretation and application as part of the
law or the relationship between Law and morality.
In the philosophy of Law, there is and will be a struggle between iusnaturalism and
iuspositivism, who will defend the origin of law based on their own postulates. In this
intellectual work, it has been tried to place Neoconstitutionalism as a new current, but it is
nothing more than a disguise of natural law. On this account, some legal practitioners,
mainly in the constitutional courts, abusing interpretation and consideration in their
presentations have undermined what the Constitution says or does not say, under the
protective umbrella of the famous Neoconstitutionalism. |
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