Algunas consideraciones iusfilosóficas sobre la interpretación constitucional y su significación en el desarrollo del derecho

Abstract

The constitutional interpretation is in itself, the clearest expression of what should be the Law and its legal reason, and even more, what is the Law in the XXI century. In this paper it will be analysed the interpretation, because it is one of the ways that shall allow to the Law overcome or adequately control its indeterminacy. It is also studied the constitutional interpretation process in its dogmatic scope, or how things should be, and how constitutional jurisprudence should be based. We will see how, from the constitutional interpretation, the traditional legal paradigm born of modernity is being revised or modified, understanding the constitution and its articles as dialogue, that is, as mechanisms for the defense of fundamental rights.