Abstract

AGUDELO GIRALDO, ÓSCAR ALEXIS  and  PRIETO FETIVA, CAMILO HUMBERTO. There Is No Time that Is All Present at the Same Time: Intra- and Interseccional Tensions in the Constitution. Rev. Derecho Estado [online]. 2022, n.53, pp.195-227.  Epub Jan 15, 2023. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n53.07.

A review of the accumulation strategy proposed by Roberto Gargarella is presented. For this, by adding the variable of temporality, the intra and intersystemic tensions in the structure of constitutions are synthesized from the relations of contrariety, subcontrarity and contradiction. Once, conform to topological theory, described the asymmetry of time in the coexistence of old rights and new institutions, the accumulation strategy is interpreted by correlating: i) the variants of originalism with the thesis of momentary and non- momentary legal systems; ii) living constitutionalism with a biological interpretation of the constitutional system, derived from the thesis of structural coupling; iii) interaction between constitutional clauses and dialogical constitutionalism, as a factor of systemic openness, with the thesis of dissimilar and non reversible complex systems.

Keywords : Constitutional law; interpretation of law; biology; thermodynamics; philosophy.

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