TITLE

TEORÍA DE LA CONSTITUCIÓN, POSITIVISMO Y DERECHOS FUNDAMENTALES

AUTHOR(S)
Gómez, Enrique Serrano
PUB. DATE
January 2012
SOURCE
Andamios;ene-abr2012, Vol. 9 Issue 18, p59
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
In the history of constitutionalism, two notions of constitution coexist within its history: one that is descriptive and the other prescriptive. The first one refers to the empirical experience of the constitutions; the second to what the constitution should be. The present work presents an interpretation that utilizes both concepts, as much as in the empirical analysis as in the theoretical reflection, with the goal of better understanding with more clarity some of the main problems that should be addressed in the general theory of the constitution: a) how to reconcile the practical diversity of the constitutions; b) in what sense should it be considered as an element that expresses the rationalization and autonomy of the legal system, and c) defend the idea that a currently-practiced constitution in our time should guarantee fundamental rights.
ACCESSION #
76110076

 

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