Abstract

AGUIRRE ROMAN, Javier Orlando; GARCIA OBANDO, Pedro Antonio  and  PABON MANTILLA, Ana Patricia. Argument or demonstration in the judicial decision? A deep look into the constitutional state. Rev. Derecho [online]. 2009, n.32, pp.1-29. ISSN 0121-8697.

The text analyses the problem of correct judicial decision taking into account two lines of discussion: first, the differentiation around arguing and demonstrating, and second, the judge's role to obtain that correction in the Constitutional State. In order to orient the solution of the problem a theoretical frame will be reviewed. With this framework we try to sustain the thesis according to which the argumentation in the judicial decisions, and not the demonstration, is the one that assures that the judge's role is developed according to the postulates of the constitutional States. In this sense, the text will show the relations between the Habermasian theory of Right and Perelmans theory of the juridical argumentation.

Keywords : Argumentation; demonstration; judicial decision; Perelman; Constitutional State.

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