Abstract

CAMPERO, Israel Ramiro. ¿Nuevo constitucionalismo latinoamericano?. Rev. Jur. Der. [online]. 2015, vol.1, n.2, pp.11-23. ISSN 2413-2810.

The normative determinations can not be new or old themselves, new regulatory order or the binding do not know the value ofthe standard, which requires applicability and effectiveness notwithstanding the current constitutional thinking as an ideology, present new proposal worthy to be discussed. The intent of this document is to verify how new is the leading Latín American constitutionalism, this mean submit to the constrains of constitutional existence since the rules ofthe theory constitutional and constitutional law. The extent or timing of a rule does not make its newness, much less the foundation of a new ideology. In Bolivian case, the new Latín American constitutionalism has not the merit to of have extended the catalog of rights, as the expansion or rights is a product ofthe classic function of constitutional interpretation, through case-law, it may not be characteristic of a new constitutionalism accordingly or plain language, nor accessibility, and its extension, given the Engine Room ofthe Constitution in the words of Roberto Gargarella. The new Latin American constitutionalism in appearance, have points of contact with the neoconstitutionalism, howeverif you havethem, must bevery taintanddistant, ismoreseek nonexistent one and the other, Ricardo Guastini evidenced in the substantial characteristic of neo vs. the new.

Keywords : American Constitutionalism; neoconstitutionalism.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )