En torno a la Teoría de la Constitución y los nuevos contextos del constitucionalismo

  • Augusto Martín de la Vega Universidad de Salamanca
DOI: https://doi.org/10.18543/ed-57(2)-2009pp167-191
Keywords: Constitution, Constitutional Theory, multilevel constitutionalism, constitutional legitimacy

Abstract

The current European publicist literature is experiencing a revival of the Constitutional Theory. The large majority of the doctrine shares the view that this is a good opportunity to rethink the assumptions and fundamentals of Constitutional Law. The author defends in this paper that it is necessary for the Constitutional Theory to be aware of the changes arising at the philosophical, theoretical and sociopolitical level and therefore that avoids that the fundamental thoughts of the constitutionalism could create a context in which the normative and structural power of the Constitution would be undermined by philosophical theories, justice or legal sociology approaches that do not take into account the current social developments. There are three aspects that any analysis should take into account: the existence of a cultural context that changes constantly, the evolution of the State tasks (and powers) and the need to develop a critical approach of the Constitutional Theory that do take into account the numerous methodologies, objectives and foundations of the legal theory.

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Author Biography

Augusto Martín de la Vega, Universidad de Salamanca
Profesor titular de Derecho constitucional
Published
2012-10-01
How to Cite
Martín de la Vega, Augusto. 2012. “En Torno a La Teoría De La Constitución Y Los Nuevos Contextos Del Constitucionalismo”. Estudios De Deusto 57 (2), 167-91. https://doi.org/10.18543/ed-57(2)-2009pp167-191.
Issue
Vol. 57 No. 2 (2009)
Section
Studies

Last update: 08/02/2022

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