Constitutionalization, resignification of the law and the philosophy of the just state

Abstract

If we must speak of “constitutionalization and conventionalization” of the law, it is because there has been a change, any change, which implies a new paradigm and a new way of understanding and operating the Law and the legal. Of course, if this is so, we must investigate its causes and consequences. In this work, what has been highlighted is a philosophical position for the Constitutional State as a political doctrine or a philosophy of the fair State. It is from this conception that it is a question of reconstructing a neo-constitutional theory of law from an argumentative perspective, in the understanding that even as a proposal it grants the best ways to work with constitutionalized legal elements.