Principialismo, garantismo, reglas y derrotabilidad en el control constitucional de las leyes penales

Abstract

The legal theory regarding Criminal Law limits’ has not reached a perfect development. This is particularly true as long as it has not been defined and interpreted in the light of the different legal rationales, namely the legislative, judicial and constitutional. This means that such principles either bind all legal and political operators related to Criminal law or only the legislative. This has a significant impact on constitutional courts’ decisions related to Criminal law, particularly on its constitutional revision. Nevertheless, independent of what theory is adopted related to Criminal law constitutional revision, criminal theories faced a major challenge to develop dogmatic principles and limits applicable to the right to punish.

Keywords

• criminal law
• constitutional law
• fundamental rights
• criminal law constitutional revision
• proportionality in constitutional law
• limits of the criminal law