THE TRANSITION TO TECHNICAL JURISPRUDENCE: THE ORIGIN OF CONSTITUTIONAL CONTROL
Keywords:
Jurisprudence, interpretation, pontiffs, jurisconsults, Middle Ages, Modern State, constitutionalism, constitutional jurisprudence, constitutional control, Roman-german-canonical legal traditionAbstract
The work analyzes the various meanings of jurisprudence, as well as the stages of Roman law, with the aim of locating the historical moment in which the institution emerges. The passage from the interpretation of the pontiffs to that of the jurists is studied. During the Middle Ages, the disappearance and resurgence of jurisprudence as a science and philosophy is addressed. As part of modernity, a focus is made on constitutionalism and its difference with constitutional jurisprudence; Likewise, the codification movement is studied, a product of the French Revolution and the limitations it places on the work of judges. A reflection is made on the importance of the amparo trial and jurisprudence as two figures that opened the door to constitutional control in the continental tradition, even before European countries.
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