Abstract

FUENTES-CONTRERAS, Édgar Hernán  and  CARDENAS CONTRERAS, Luz Eliyer. Constitutional Fictions. Introductory Elements for the Study of Legal Fictions in the Constitutions of the New Latin American Constitutionalism. Probl. anu. filos. teor. derecho [online]. 2023, n.17, pp.251-278.  Epub June 24, 2024. ISSN 2448-7937.  https://doi.org/10.22201/iij.24487937e.2023.17.18216.

Law, as a language, fulfills different communicational functions that it achieves, largely, through the use of narrative tools and devices. Among them, legal fictions stand out, which, far from portraying reality, seek to create a legal truth. In the case of constitutional fictions, these are often misinterpreted, leading to their degeneration. In this text, beyond offering a conceptual approach to the figure of constitutional fictions, an introductory analysis is offered as to how this has occurred in the context of the new Latin American constitutionalism.

Keywords : constitution; constitutional law; constitutionalism; new latin american constitutionalism; legal fictions; constitutional fictions.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )