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Revista Derecho del Estado
Print version ISSN 0122-9893
Abstract
ASENSI SABATER, José. Theorical Crisis, Constitutional Transitions. Rev. Derecho Estado [online]. 2012, n.28, pp.9-35. ISSN 0122-9893.
The lack of a constitutional theory that has long ceased to provide arguments and criteria for evaluating existing constitutional law, are revealed more sharply as a result of the economic crisis affecting many countries of the old continent, where social model and democratic state of law rooted. Such a model had been degraded as a result of economic policies implemented since the seventies, but only now being felt more clearly the impact, which mainly affects the democratic principle of the foundations of modern constitutions. The article presents an overview of the failure of some theoretical approaches and argues for a boost of theoretical work that accounts for the interrelationships between political-economic framework and legal regulations. In other words, the constitutional theory must recover a field of view much broader than the strict legal discourse, given that we live in a time of transition, conceived in terms of postmodernism. In this context, the implications for the constitutional students in the task of unraveling of the new realities is another of the conditions for reconstruction of the theory.
Keywords : Crisis; democratic systems; representation; political parties; constitutionalism.