Articulations between Constituent Power, Democracy and the Rule of Law in the Early Production of Arturo E. Sampay
This article addresses the evolution of the theoretical articulations between the concepts of constituent power, democracy, and the rule of law in the early works of Arturo Enrique Sampay. As a result of this analysis, it is concluded that under a continuous inspiration of a juridical personalism th...
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| Formato: | Artículo revista |
| Lenguaje: | Español |
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EDUCC - Editorial de la Universidad Católica de Córdoba
2024
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| Acceso en línea: | https://revistas.bibdigital.uccor.edu.ar/index.php/SP/article/view/5734 |
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| Sumario: | This article addresses the evolution of the theoretical articulations between the concepts of constituent power, democracy, and the rule of law in the early works of Arturo Enrique Sampay. As a result of this analysis, it is concluded that under a continuous inspiration of a juridical personalism that subjects the constituent power of the people to natural law, his early coordination between democracy and the rule of law ends up in the 1940s in an opposition between both concepts, the latter being labeled by then as “liberal-bourgeois”. To this end, Sampay’s treatment of each of these topics in his early monographs and essays is discussed and contrasted with the positions on these matters in his first major work, La crisis del Estado de derecho liberal-burgués (The Crisis of the Liberal-Bourgeois Rule of Law, 1942). |
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