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artículo
JUDGMENTS ISSUED IN THE AMPARO PROCESS AND THE THEORY OF LEGAL ARGUMENTATION IN NEOCONSTITUTIONALISM
Publicado 2019
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Enlace
In the current context of Law there is an overwhelming reality called the new Constitutionalism, a complex phenomenon that radiates to all legal systems that are part of the Anglo-Saxon, Romanic, Germanic, Islamic, etc. legal systems. The aforementioned legal reality obliges the public bodies to give valid reasons so that they can decide intersubjective conflicts, legal uncertainties, protection of constitutional rights, criminal offenses and others that require solution, therefore, there is a high demand for legal argumentation by of the justiciables. Legal argumentation is important, as it constitutes a further requirement for the aforementioned phenomenon to be witnessed, because it takes care of the construction of the syllogism, gives validity to the fundamentals used and finally persuades a specific audience under certain previous rules, that is, it passes from the individual to th...
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artículo
The transversality of environmental law as a foundation against the criminalization of social protests, means that environmental law as a human right is characterized by its transversality, that is, that its values and principles radiate throughout our national legal system with the purpose of That man, as the supreme goal of society and the State, achieves and enjoys his fundamental right to sustainable development to meet his basic needs, therefore, it is a right for him to protect every citizen -when he is at risk or was violated-, through social protest, understood as constitutional law, when the government does not respond to its claims. The intersection between the transversality of environmental law and the criminalization of social protests is a complex context to address it because its causes lie not only in neoliberalism and the imposition of economic projects but also in the w...