Los cambiantes perfiles del Derecho constitucional en España : A propósito del 40º aniversario de la Constitución española de 1978)
After a century and a half full of swings and hesitations, in which as a consequence of the limited rooting of the constitutional feeling and the lack of normative value of the constitutions the study of constitutionalism suffered in Spain of lack of object and of method, turning itself into a an en...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
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Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2017
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| Acceso en línea: | http://revistas.derecho.uba.ar/index.php/academia/article/view/469/420 http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=academia&cl=CL1&d=HWA_3268 https://repositoriouba.sisbi.uba.ar/gsdl/collect/academia/index/assoc/HWA_3268.dir/3268.PDF |
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| Sumario: | After a century and a half full of swings and hesitations, in which as a consequence of the limited rooting of the constitutional feeling and the lack of normative value of the constitutions the study of constitutionalism suffered in Spain of lack of object and of method, turning itself into a an encyclopedic discipline of magmatic consistency and imprecise limits, the adoption in 1978 of the current Spanish Constitution and the separation between Political Science and Constitutional Law imposed from 1981 onwards made it possible for the latter to have its object and its method precisely outlined, advancing by leaps and bounds to occupy the place it merits in a social and democratic rule of Law state -and above all, the place that such systems demands from it- and giving rise to a scientific community which in such period of time has grown, has renovated, and has buried many old clichés in the process. After carrying out a hasty characterization of the evolution of Spanish constitutional law since the times of the Cadiz Constitution and some more precise reflections on its state at the time of the beginning of the Spanish democratic transition, the present study will analyze the main dogmatic concerns and lines of research of Spanish Constitutional Law in the last forty years, differentiating those of the times of the implementation of the new constitutional system from those arising in the wake of its current crisis. |
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