Abstract

GONZALEZ RIVAS MARTINEZ, Pedro Daniel. An approach to the iusculturalism of Peter Häberle. Cuest. Const. [online]. 2012, n.27, pp.165-192. ISSN 1405-9193.

One of the most difficult elements to develop for any student of the constitutional phenomena is an academically solid theoretical frame. Without a doubt the work of Peter Häberle is sustained on one, although, by its characteristics, novelty and distance with respect to the currently dominant paradigms, is difficult to grasp. The present text is product of a work that aims to extract the theoretical model generated and used by Häberle throughout his vast academic work. The content is made up of statements that try to specify in a deep, clear, synthetic and up-to-date way, the fundamental premises of the Häberlean theoretical model. The purpose is that every student of the constitutional theory that needs a juridic frame has access to the scheme of this author. To accomplish that, the epistemological position of the author is presented first. Next, the reader will find a catalogue of theoretical and technical elements that can be used as statements and basic methods for the development of any academic investigation in the scope of constitutional theory. In broad terms, this work pursues to answer the following questions with respect to Häberles theoretical model: What does it know? And how does it know?

Keywords : constitutional theory as a cultural science; iusculturalism; the constitutional State type; the Constitution as culture; theoretical frame of Peter Häberle.

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