Reflections on principlism and neo-constitutionalism. The so-called constitutionalisation of rights

Abstract

This analysis article describes the process of constitutionalization of law and argues around how neoconstitutionalism ends up appropriating the technique of general principles (sometimes deforming its meaning), whatever the philosophical sign of its cultivators (inclusive or exclusive positivists). The article states that it has occurred and continues to occur within inclusive positivism and analytical jurisprudence.

JEL CODE: K, K0