Control of constitutional system from the theory of law

Abstract

For political Theory, the material justification of constitutional justice and the criteria used by the jurisdictional institutions to base their decisions is problematic. But the objective of this work is only to present the answer of the Theory of Law to those problems. With this purpose, the legal nature of the Constitution is put forward from two jurisprudence sources, analyzed according to the doctrines of the Law which define them better–to the former the theory of Kelsen is applicable, and to the latter, the theory of Hart. The article deals with the theory of the interpretation, presenting its evolution in the last two centuries, and the argumentation theory, as a systematic explanation of the justification process of a legal decision. It concludes with a subsection about the State of Law and constitutional justice, which reminds its role in terms of the efficacy of the legal system.