New constitutionalism and the foundations of the legal system

Inside the field of Law, the usual question about the meaning of a determined concept or the question towards what it makes reference to has always been complicated. In the last years, different events have produced that philosophical trends reconsider the understanding of the legal system. In the p...

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Bibliographic Details
Main Author: Juan Carlos Cassagne
Format: Article
Language:Spanish
Published: Asociacion Civil THEMIS 2016-04-01
Series:Thēmis
Subjects:
Online Access:http://revistas.pucp.edu.pe/index.php/themis/article/view/16730
Description
Summary:Inside the field of Law, the usual question about the meaning of a determined concept or the question towards what it makes reference to has always been complicated. In the last years, different events have produced that philosophical trends reconsider the understanding of the legal system. In the present article, the author does a presentation of what new constitutionalism means and its opinion towards it. The author also makes a critical analysis of the positivist and jusnaturalist visions, connecting them with the understanding of Law and the legal system, making an emphasis on Administrative Law.
ISSN:1810-9934