Abstract

PITA SIMON, VLADIMIR. The Typology of Legal Norms in the Communicational Theory of Law and its Application to Constitutional Law. Rev. Derecho Estado [online]. 2022, n.53, pp.229-251.  Epub Jan 15, 2023. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n53.08.

The Communicational Theory of Law (TCD) by Gregorio Robles, allows a new approach to the topic of the typologies of constitutional legal norms and their impact on the analysis of the dynamics of constitutional cycles. The TCD places research on the concept of legal norm as a fundamental moment from which its theoretical architecture arises, the hermeneutical process of conformation of the legal norm is shown as a structuring node, from different perspectives which are typical of the dynamics of the different legal fields, and that provides the ultimate meaning of the Law, supported by the coherence emanating from the hermeneutical operations specific to the construction and application of the legal norm. In this article a proposal of the types of constitutional norms is built taking as a reference the classification of legal norms provided by him, and highlights the fundamental mediation role of the process of interpretation of constitutional norms in the construction of the contemporary legal system.

Keywords : Communicational theory of Law; constitutional legal field; constitutional norms; interpretation; constitutional cycle.

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