Abstract

ACOSTA RODRIGUEZ, Joaquín. Constitutional interpretation: between legicentrism, neoconstitutionalism and constitutionalisation. Rev. IUS [online]. 2016, vol.10, n.37, pp.83-102. ISSN 1870-2147.

The presentation of the law as the expression of general will today, requires correction; the law is questionable for reasons of substance, in light of constitutional principles and values, in defiance of the positivist conception. Consequently, the constitutional judge usually enjoys a considerable role in the interpretation of the Constitution, thus affecting interpretation of other legal norms. It is he who gives full meaning to the constitutional text, giving it life. Of course, in light of the new reality, he is criticized for going too far, to the point of imposing his own vision of reality; thus, displacing the will of the constituent assembly. In fact the constitutionalisation has been the subject of stigmas. In the background, many of the criticisms and fears are the result of misunderstandings or extremely radical positions.

Keywords : Legalism; legicentrism; constitutionalism; neoconstitutionalism; constitutionalisation; positivism; postpositivism; third way.

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