Legal Principles and Neoconstitutionalism

Authors

  • Jorge Guillermo Portela Author Universidad de Buenos Aires

Keywords:

Principles, rules, neoconstitutionalism, legal positivism, practical philosophy, legal values.

Abstract

This paper seeks to clarify the notion’s meaning of “legal principle”, which has not been used always in the same way by different “neoconstitutionalist” authors. Also, it has sought to establish a difference between the meaning given to the term in neoconstitutionalism, and the notion of “principia iuris”, as it was known in Roman law. For the author, a distinction between the two terms, the Modern and the Roman, has to do with a deeper division that could be made between theoretical and practical understanding.

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Author Biography

Jorge Guillermo Portela, Universidad de Buenos Aires

Doctor en Ciencias Jurídicas. Profesor de introducción al Derecho, Universidad de Buenos Aires, Argentina. jg_portela@yahoo.com.ar

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How to Cite

Portela, J. G. (2010). Legal Principles and Neoconstitutionalism. Díkaion, 18. Retrieved from https://dikaion.unisabana.edu.co/index.php/dikaion/article/view/1542

Issue

Vol. 18 (2009)

Section

Articles

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