Excepcionalidad Y Derecho: generalidades De La Excepcionalidad Dentro De Los Estados De Derecho Latinoamericana Del Nuevo Constitucionalismo

Translated title of the contribution: Exceptionalism and the Law: general Observations on Exceptionalism Within New Constitutionalist Latin American Rules of Law

Édgar Hernán Fuentes-Contreras*

*Corresponding author for this work

Research output: Working paperPreprint

Abstract

If we conceive the Rule of Law as a coherent and permanent way of guaranteeing the rights of citizens even under States of Emergency, we must then search for the way to maintain it. In that spirit, this article compiles general aspects of exceptionalism, using as a point of departure the limits that have been conceived for its application, placing particular emphasis on existing Latin American systems. To that extent, and applying an exploratory methodology, an initial presentation is made about the ways in which the crisis has been managed; focus then shifts to the limitations that have been revealed, which, in the end, construct the concept of sovereignty or its effective exercise in the use of States of Emergency.
Translated title of the contributionExceptionalism and the Law: general Observations on Exceptionalism Within New Constitutionalist Latin American Rules of Law
Original languageSpanish (Chile)
PublisherSSRN
Pages107-134
Number of pages28
DOIs
StatePublished - 12 Jul 2020

Publication series

NameSSRN Electronic Journal
ISSN (Print)1556-5068

Keywords

  • Constitution
  • Exceptionalism Law
  • Human Rights
  • States of Emergency
  • Sovereignty

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