Abstract

BECHARA LLANOS, Abraham Zamir  and  VIDES ARGEL, Maria Eugenia. Three models and the same object of interpretation of fundamental rights: Dworkin, Alexy and Sieckmann. Justicia [online]. 2019, vol.24, n.36, pp.193-210. ISSN 0124-7441.  https://doi.org/10.17081/just.24.36.3765.

This article reflects three positions around the same object of study; we refer to the principialist interpretation on the right. First we show the theoretical developments of who is considered the father of Ronald Dworkin legal principialist. In that reflect the debate Dworkiniano in key states criticisms against the model developed by Hart juridicial discretion in its capital text concept of law. In a second stage of the text, we present the theory of principles augmented by Robert Alexy in his theory of fundamental rights and from raw vision facie tunable standards or optimize. Finally in the third argumentative stage, we show the vision of Jan-R Sieckmann principles as normative arguments of reasons, considering that the principles should be a link between constitutional interpretation and legal argument

Keywords : theory of law; constitutional interpretation; legal reasoning.

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