Un intento de aproximación al neoconstitucionalismo

Abstract

This essay tries to make an approach to extralegal conditions in which the classic constitutionalism and the so called neo-constitutionalism arise and develop. Through a doctrinaire analysis the essay states the main features and contributions of these schools of thought. The importance of this phenomenon in Latin America, more than a change in the way we see the primacy of constitutional principles, means a change of viewing the real source of legal mandates and their political legitimacy. This different perspective may involve changes in how we solve fundamental disputes (open for many years in some countries), whose responses have been tested from various legal reasons, often suspending the effectiveness of constitutional principles.