Abstract

RIVAS-RAMIREZ, Daniel  and  FUENTES-CONTRERAS, Édgar Hernán. Transconstitutionalism: Theory without Practice? Critical Analysis of One of the Current Theories on the Relations between Legal Orders. Díkaion [online]. 2022, vol.31, n.2, e3124.  Epub Aug 19, 2022. ISSN 0120-8942.  https://doi.org/10.5294/dika.2022.31.2.4.

The question of how the different legal orders work jointly is one of the issues most studied by legal scholars. Various theories have arisen trying to explain it, oscillating between monism and dualism. Among these proposals is the theory of transconstitutionalism, put forward by Brazilian professor Marcelo Neves; through conceptual assumptions unrelated to law, he claimed to have achieved an all-encompassing answer to this question. Based on a correlational methodology, this article aims to critically approach this theory, demonstrating that it has been overvalued in terms of its functionality and usefulness, particularly in the relations between international law and domestic law in the Latin American context.

Keywords : Transconsitutionalism; inter-order relations; international law; domestic law; legal orders.

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