TITLE

Análisis epistemológico de las decisiones judiciales de la sala constitucional de la Corte Suprema de Justicia de Paraguay

AUTHOR(S)
Franco Mancuello, Shirley Diana
PUB. DATE
July 2016
SOURCE
Revista Internacional de Investigación en Ciencias Sociales;jul2016, Vol. 12 Issue 1, p61
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This research explains how the judges of the Constitutional Chamber of the Supreme Court of Justice of Paraguay take their decisions. For it is an epistemological approach, from the positivist and critical perspectives, and specifically in legal science from the legal positivism and natural flow. A critical analysis of five judgments of the Constitutional Court is made from the validity of the 1992 Constitution, to determine the behavior of judges in applying the law. In that order, it appears that the new orientation of the Constitutional Court means adopting the assumptions of critical perspective, going farther logical positivism proposed by the Vienna Circle. The processing of constitutional law judicial activity is a sign that positivism is in decline, redefining the right to a universal approach to human rights.
ACCESSION #
118034516

 

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