Abstract

MOLINARES HASSAN, Viridiana  and  BECHARA LLANOS, Abraham Zamir. Between interpretation and the law: the reasonable rate of constitucional justification. Rev. Derecho [online]. 2017, n.48, pp.163-188. ISSN 0121-8697.

In this article we present a theoretical-normative tool that we call "reasonable rate of justification as hermeneutic-argumentative model". This tool makes it possible to reduce the interpretative phase of constitutional norms, from their open texture, to the degree of concreteness as fundamental provisions; it also provides a vision of constitutional principles as material criteria for the determination of the fundamental contents of rights. This led us to conclude that the rules of principle delimit the juridical functions of the same Constitution, as a fundamental rule, within a legal system. Along with the above we conclude that in Colombia the tradition of fundamental rights changes substantially with the Constitution of 1991, because it is a progressive Constitution in terms of the recognition, guarantee and protection of fundamental rights, and protectionist of collective interests.

Keywords : constitutional interpretation; constitutionalism; fundamental rights; justification of rights.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )