Judges and legal science in the new constitutional order, a comparison between the premodern and postmodern world

Authors

  • Manuel Vial-Dumas

DOI:

https://doi.org/10.18042/cepc/redc.112.06

Keywords:

Constitutional judge, constitutionalisation of law, legal pluralism, sources of law, neo-constitutionalism postmodern law.

Abstract

Among other contemporary phenomena, Legal new-pluralism and the constitutionalisation of law have placed the civil law judge in a new role. This position is very different from that proposed by the Enlightenment but is broadly similar to the model of premodern judge. Legal pluralism turns the judge an active participant in the configuration of the solutions provided by the law to each specific case. The phenomenon of constitutionalisation of law generates a two-dimensional legal reality composed, on the one hand, by the state law and, on the other hand, by a universal law (in the manner of medieval ius commune). This second dimension, grounded on the doctrine and jurisprudence, is able to determine the content and to provide legitimacy to the first one.

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