The law before n ew constitutionalism: methods and principles

Main Article Content

Juan Carlos Casagne

Abstract

The administrative law has made relevant contributions to the consolidation of the paradigms that the new scenario of public law exhibits and which are synthesized in the so - called new constitutionalism. However, most of the essays that dealt with the subject did not take into account such antecedents and take as a point of departure the postwar Constitutions. The new structure that acquires the order and its system of sources starts from the abandonment of legalistic positivism and the need to choose different sources of legal production with clearer profi les giving greater precision and certainty to the principles and new rights. In this process, one cannot lose sight of the fact that the human person is the source of all principles and rights and that their harmonization is imposed over the aprioristic allocation of preferences over one another, as a general rule. Reasonability is, in this new scenario, a fundamental guideline.

Article Details

Section
Doctrina: Estudios e Investigaciones
Author Biography

Juan Carlos Casagne

Profesor Emérito de la Universidad Cátolica Argentina y Titular Consulto de la Universidad de Buenos Aires