Overview

Having overcome the model of a formal constitution and breaking with the monolithic character that had been attributed to it for centuries, the discussion about the existence of a constitutional identity, especially after the advent of modernity, in which there has been an effort on the part of scholars to elaborate a constitutional conception detached from the idea of power, is directly related to the crisis of ineffectiveness of constitutional norms. Such norms demand a re-dimensioning of the role of jurists, so that constitutional justice becomes a reflection of the observance and fulfilment of the Constitution. Furthermore, as a landmark of contemporary constitutionalism, the debate surrounding the Constitution as a precept and normative parameter, based on an understanding of its historical and social construction, as well as its legitimisation based on the idea of constitutional belonging, represents the ideal of realising fundamental rights in post-modern times.

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