Constitutional Law: Principles, Concepts, and Applications

Constitutional Law: Key Perspectives and Disciplines

Aftalion, Llabia, and Others on Legal Relationships

Aftalion, Llabia, and others argued that all legal relationships possess both a public and a private aspect. It is widely accepted that public law and private law are two species of the same genus, and the division reflects the two directions that legal standards can take.

González on Constitutional Right

González defines constitutional right as the set of precepts used to establish and govern a society. This occurs when certain governments are organized to preserve and perpetuate themselves as sovereign nations.

Quintana on Constitutional Right

Quintana characterizes constitutional right as the system of positive norms and principles governing the law of the State Constitution. Its ultimate purpose is the protection and guarantee of freedom and dignity.

Bidart Campos on the Notion of Constitutional Law

Bidart Campos suggests that the notion of constitutional law should be composed of the following:

• A) The constitutional texts.
• B) The existential reality.
• C) The criterion of justice.

Disciplines Within Constitutional Law

The content of constitutional law encompasses the following disciplines:

1. General Constitutional Law: Outlines a set of principles, concepts, and institutions found in particular constitutions. It involves classification and systematization within a unified vision to construct a general theory.
2. Particular Constitutional Right: Studies the jurídico-constitucionales (legal-constitutional) rules of a specific state.
3. Comparative Constitutional Law: Studies the jurídico-constitucional (legal-constitutional) positive standards of various states, establishing their similarities and differences.

TP1: Key Concepts in Constitutional Law

1. Kelsen's Theory of Legal Analysis: His theory postulated that legal analysis should eliminate any element of morality, economics, politics, or religion. Legal science should only deal with the study of the law itself.
2. The Constitution as the Foundation of Democracy: The constitution serves as a sort of rulebook for social life. It represents the foundation of democracy. Knowledge of the standards that integrate it, and respect for its provisions by governing bodies and members of society, is a necessary condition for coexistence and the building of a civilized and democratic community.
3. The Role of Judges in Upholding Constitutional Supremacy: The work of judges is to safeguard the supremacy of the constitution over laws, decrees, and other regulations.