Legal certainty and judicial syllogism , within the Neoconstitutionalism step forward or backward?

Abstract

Democratic constitutionalism, understood as a process that structurally modified the law and affirmed the legal doctrine of neoconstitutionalism, became entrenched since the end of World War II and has had an influence on our legal culture. Latin American constitutions such as the Colombian, Ecuadorian, Venezuelan and Bolivian are inheritors of this democratic constitutionalism and the doctrine of neo-constitutionalism. In the present essay a critical analysis of the statements made by Professor Rodolfo L. Vigo mainly contained in his article Constitucionalización y Neocconstitucionalismo: risks and preventions, in which he warns about a series of potential dangers derived from the constitutionalism that for the object of our work will be two: a) The lack of judicial deductive syllogism and, b) The loss of legal certainty. I will begin by examining Professor Vigo’s position on these two topics and then carry out an analysis taking into account the positions of other authors who defend the doctrine of neo-constitutionalism. Finally, I intend to offer an appreciation and critical attitude towards these problems using the Ecuadorian Constitution as an object of analysis and to explain how the Ecuadorian constituent has shaped the ideas and concepts of neo-constitutionalism in the Constitution of Montecristi.