El nuevo constitucionalismo y las bases del orden jurídico

AUTOR(ES)
FONTE

Rev. Investig. Const.

DATA DE PUBLICAÇÃO

15/04/2019

RESUMO

Abstract The article analyzes the impacts that the phenomenon of new constitutionalism has produced in the context of public law, examining the main issues raised by the constitutionalization of the legal order. The work deals with the confrontation between ideas of legal positivism and jusnaturalism trends, facing issues like natural law and positive law, justice, distinction between morality and law, the binding nature of the principles, among others. In the end, it presents the cardinal ideas of the new paradigms of public law and its fundamental principles such as dignity, good faith and legitimate expectations.

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