Keywords
Principles
Rules
Positivism
Post-positivism
Constitutional norms
Constitutional interpretation
Rules
Positivism
Post-positivism
Constitutional norms
Constitutional interpretation
How to Cite
Sendra Moll, J. (2014). The normative configuration and operability of fundamental rights and freedoms in the constitutionalized legal systems. Ciencia Jurídica, 3(5), 63–83. https://doi.org/10.15174/cj.v3i1.90
Abstract
This paper analyzes the structure and operability of the constitutional norms, in their consideration such as legal principles. First, proceed with the historical review on the appearance of legal principles in the theory of law, giving entrance to the development of the post-positivist theories with new theoretical models that account for the principles as sources of legal obligations. Second, starting from Manuel Atienza and Juan Ruiz Manero. I will discuss a possible classification of the legal principles, and I will address its structural and functional analysis. Third, I will examine the inherent characters of the principles presented in constitutional norms. Finally, I will make a brief note about how to interpret and resolve conflicts between constitutional principles.The authors retain the copyright and must provide in writing the authorization for the first publication, via a computer network and printed to Juridical Science. Third parties are allowed to use the published information provided that the authorship of the work and the first publication in this journal are respected and made public.
The works published in this magazine are under a License CreativeCommons Attribution-Non-Commercial-ShareIgual 4.0 International.