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Cuestiones constitucionales
Print version ISSN 1405-9193
Abstract
FERREYRA, Raúl Gustavo. Discourse on constitutional law: Primary colors. Cuest. Const. [online]. 2013, n.29, pp.109-161. ISSN 1405-9193.
Constitutionalism is a result of the enlightened thinking of the 17th and 18th centuries. Constitutional Law is one of the most important human creations to program and order the coexistence of citizens within the State. Constitutional Law stems from constitutions, a concept born in the 17th century. Now, in the modern age, this branch of the law is also developed through the provisions of international human rights treaties. Paying tribute to the "Enlightment" or "Age of Reason," the ideas proposed are presented in the manner of a Discourse on constitutional law. Primary Colors, i.e. a reasoning process (discourse), reviewing each of the three courses of the term analyzed: a) constitutional law, the objective law stemming from the system of the Federal Constitution of the Argentine Republic; b) fundamental rights, desires, or hopes of individuals; and c) the area of scientific knowledge: constitutional theory. This theoretical analysis is mainly focused on the federal system of the Argentine Republic. Nevertheless, the intention of this analysis is to participate in, profit from, and promote critical discussion in the Americas and Spain.
Keywords : Constitucionalism; Constitution; enlightened thought; discourse; primary-color triad; constitutional law; fundamental rights; constitutional theory or knowledge.