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Article

English, Spanish, Portuguese

ID: <

oai:doaj.org/article:3871683cdb394ba7a809d0448956c317

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Pluralism and common good in constitutional law

Abstract

En This article, Professor Pablo Nuevo, analyses the consequences of the abandoning the doctrine of the common good has the constitutional right to starting from the study of the introduction of values into the legal system. it implements the Spanish Constitution of 1978. This addition would seem to be equipped with: material content of the Constitution, which is now in the service of dignity of the individual and of the values of justice, freedom, equality and political pluralism. Despite this positioning of an axiological order, New considers the understanding to be minimised. whereas the Constitutional Court has achieved the value of pluralism to weaken the constitutional state itself, as the Court goes hand in hand it has interpreted the value of the principle of democracy and popular sovereignty. pluralism as relativism, denying values a foundation beyond consensus. Understanding pluralism as equal legitimacy of any representation of man and the world, which bases a right to follow that conception on all aspects of social life, favours the principles of the Constitution are understood as meaningless significance, which must be constructed based on the majority principle, which leads to so much weakening fundamental rights, such as the progressive erosion of conditions social organisations in which the constitutional state can be favoured. As the author points out: the modern state lives from budgets that it cannot create, but in any case it can destroy. Similarly, for the teacher, liberal, pluralistic and individualistic constitutionalism of our times, it lacks conceptual tools to solve we bring them to us by Western societies of our time. they are debated between fear of Leviatan and the insecurity of an anomic world. The author argues that it is only with a return to natural law that it is possible to order the political life in such a way that the dignity of the person is effectively respected.

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