Neoconstitutionalism and positivist constitutionalism: an unfinished debate in law

Abstract

The objective of the study consists of exposing from a critical perspective, the neoconstitutionalist theory, of great influence on constitutional theory, starting mainly from its main notions and antecedents. A descriptive methodology was used through a theoretical analysis, highlighting the updated doctrine in this regard. The contributions of neoconstitutionalism are confirmed, but with reservations due to its limitations regarding the indeterminacy of its application in constitutional justice, an issue that can be overcome with the equilibrium arguments generated by the eclectic positions raised.

Keywords:
neoconstitutionalism; constitutionalism; legal positivism; alternative proposals; Constitutional Law