Year: 2021
Type: article
Abstract: The emergence of the new Latin American constitutionalism has brought with it new trends that affect constitutional law, therefore, the following question arises: Does the new Latin American constitutionalism promote the construction of new transnational spaces? To respond to this, it is addressed first. what pertains to the evolution of Constitutional Law, until arriving at the characteristics of the so-called new Latin American constitutionalism, this, in order to obtain the historical context and know the genesis of this dogmatic tendency. Subsequently, the aspects that determine the creation of the aforementioned spaces are studied, such as the constitutionalization of the various branches of Law, the recognition and consecration of systems of protection of Human Rights, the application of the theory of fundamental Rights, the protection of nature and the recognition of interculturality, among other transnational institutions, which promote the universalization of Constitutional Law. In conclusion, the new constitutionalism encourages antipositivism, which implies the application of complex hermeneutical principles and processes for the application of rights strongly related to axiological aspects. The work is based on a dogmatic-legal study, with a qualitative, descriptive approach at the documentary level.
Source: FORO Revista de Derecho
Institution: Universidad de Otavalo
Language: Spanish
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W3129241280