"Constitutional Law: Toward a Paradigm Shift?"

Abstract

Constitutional Law, as considered from the internal point of view of the Science of Law, is an advanced result that stems of the late modernity (centuries XIX and XX), that follow the illustration movement. One of it´s main characteristics, since the foundation as rule of Law, is the law abiding as a principle of government, as well, the preponderance of a conservative legalistic perspective that primes separation of powers and the State sovereignty for the configuration of it´s object.

Now, this vision seems to looks confronted by the postmodern analysis of Law, which makes it possible to assert that chances are in stake, at least, for the development of a crisis, as state-of-the-art; if not a step forward a Paradigm change; in all concerns to the fluidity or flexibility of the legislative rules, as opposed at the rigidity of law, a perennial constitutional attribute recognized by the main stream of Scholars.

In order to argument such position, this article pretends to articulate a basic definition of paradigm, epistemologically considered, and which would be the theoretical basis to guess a possible systemic evolution, respect the most traditional assumption on the matter.