TY - UNPB
T1 - Excepcionalidad Y Derecho
T2 - generalidades De La Excepcionalidad Dentro De Los Estados De Derecho Latinoamericana Del Nuevo Constitucionalismo
AU - Fuentes-Contreras, Édgar Hernán
PY - 2020/7/12
Y1 - 2020/7/12
N2 - 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.
AB - 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.
KW - Constitution
KW - Exceptionalism Law
KW - Human Rights
KW - States of Emergency
KW - Sovereignty
UR - https://www.mendeley.com/catalogue/57925f20-2a30-3f37-97b8-17e9045e8efe/
U2 - 10.2139/ssrn.3649728
DO - 10.2139/ssrn.3649728
M3 - Preimpresión
T3 - SSRN Electronic Journal
SP - 107
EP - 134
BT - Excepcionalidad Y Derecho
PB - SSRN
ER -