Constitution as provision and the spread of the constitution part two

Abstract

The main attempt of this essay is to contribute with the national discussion concerning the reception of neo-constitutionalism movement. In order to achieve this task, it will adopt the theoretical suggestion of Miguel Carbonell, a well-known Constitutional Law Professor who has argued that it’s possible to determine the level in which a singular legal order is settled by the phenomenology of that way to envisage the rebirth of the law in general, given three features. Namely, in a nutshell, a new Political Constitution, the renewed case law practices and law literature developments. From this appealing structure of analysis, our main juridical institutions and provisions are develop to sustain that the neoconstitutionalism postulates, allow to describe and –more importantly– to demonstrate the usefulness of the constitutionalization of legal order. In this context, the judge role it’s emphasizes and some critiques in relation to neo-constitutionalism are rejected.