CONSTITUCIONALIZACIÓN DEL DERECHO Y CULTURA CONSTITUCIONAL

Abstract

The article analyses the difficulties to export the principles of constitutionalism where «constitutional» culture is different from the Western one. In addition, it aims to underline internal contradictions and the abandonment of some key principles that inspired it (such as «no taxation without representation» to «fraternité»), as well as the attack on the core vaules of the constitution by the so called «neoconstitutionalism». It then focuses on the characteristics of some conceptions of the law that are deemed to be antithetical to constitutionalism, or that propose different axiologies of values. In particular, the study points out that some recent experiences based on the constitutionalisation of traditions do offer solutions compatible with the Western ones, by emphazising some latent features.