Philosophy of the Constitution. Guidelines for a philosophical critique of the Mexican Constitution of 1917

  • Ramsés Jabín Oviedo Pérez
  • Carlos Álvarez Cornejo
Palabras clave: iusphilosophy, constitutional ontology, constitutional gnoseology

Resumen

This article is based on a philosophical critique of the CPEUM taking into account its ontological and gnoseological components. From this conception, two lines of analysis are proposed based on a materialistic philosophy. We start from a delimitation of our philosophical perspective, then examine the ontological status of the constitution following its semantic, syntactic and pragmatic determinations. Likewise, gnoseological figures inscribed in the constitutional text are identified and the notion of constitutional engineering linked in recent times to the Mexican constitutional map is channeled. Thus, it will be tried to show that in the processes of creation of the CPEUM (existing since 1917) there are implicit ideological-philosophical assumptions. This analysis assumes a dialectical conception of the constitution insofar as this is not a canon of absolute truth. In this sense, the iusphilosophical optics problematizes the content that is presented in the horizon of understanding of the current constitutional text. Throughout the work, it has tried to relate the criticism of the CPEUM with the historical context in which it is located. To finish, it concludes by suggesting open themes
related to the subject and also insists on the philosophical tension with the constitutional unthinking.

Publicado
2018-07-03