The Constitution as Order of Values. Reflections Around Neoconstitutionalism
Keywords:
Neoconstitutionalism, Lüth case, values order, value-oriented decisions, material principles of the Constitution.Abstract
This article intends to show how Neoconstitutionalism responds to the development of a constitutional theory and practice, both of which are progressively convergent. Such development has played an important role on the decisions of the German Federal Constitutional Court and on the science of public law in Germany. Such development is born from the adoption of the Constitution as an order of values. Definitely, it is no other thing than a transformation occurred due to the adoption of a theory about what the Constitution is: an order of values, where the structural elements of the State obey to principles which are also found in the basis of the fundamental rights system. What is new and capital about this form of constitutionalism are the material and substantial qualities of the Constitution which make it practically omnipresent in every creative operation and application of law.Downloads
Download data is not yet available.
How to Cite
Cruz, L. M. (2010). The Constitution as Order of Values. Reflections Around Neoconstitutionalism. Díkaion, 18. Retrieved from https://dikaion.unisabana.edu.co/index.php/dikaion/article/view/1541
Issue
Section
Articles
License
1. Proposed Policy for Journals That Offer Open Access
Authors who publish with this journal agree to the following terms:
This journal and its papers are published with the Creative Commons License Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0). You are free to share copy and redistribute the material in any medium or format if you: give appropriate credit, provide a link to the license, and indicate if changes were made; don’t use our material for commercial purposes; don’t remix, transform, or build upon the material.