Legal Positivism Through the Neo-Kantian Perspective and Constitutional Jurisdiction

Abstract

Critics of legal positivism claim that this doctrine is no longer adequate to formulate answers to contemporary problems inherent of constitutionalism. This alleged decline of legal positivism has created a space to a neo-constitutionalist discourse, which has experimented great acceptance among constitutional law scholars, lawyers and judges. Given such critical formulations, the objective of this paper is to delineate a specific profile of legal positivism – in a neo-Kantian perspective – and discuss possible contributions and limitations set to address problems faced in contemporary constitutional jurisdiction.