The rule of law and legal argumentation: notes for their conceptual analysis

Abstract

This article provides a preliminary description and contrasts positions concerning the conceptual point of view of the Rule of Law and its types of limitation. As a legal category, the Rule of Law makes a significant contribution since, as a concept and mechanism, its application extends to the level of both Latin American and European countries. In the margin of legal arguments, in assessment will also be made that considering an argument is not the same as evaluating a decision or an action.

KEY WORDS:
Rule of Law, legal argumentation, concept analysis legal theory, constituent power.

JEL CODE: K11