Filosofía del Derecho y constitucionalidad: la intromisión de las ideologías a través de leyes ilegítimas

Abstract

The Society is taking a number of precepts for granted without the proper and adequate previous analysis. These precepts illegitimately assume that it is correct to favor a certain social sector over another social population. The so-called positive discrimination has as the benefit the non-conscious social acceptance of what it really means. In this work, we carry out an analysis of the Philosophy of Law and the constitutionality of countries (based on "The Rights of Man and of the Citizen") as opposed to organic laws that contradict or even violate philosophical and logical precepts. All this analysis is worked in the test taking into account with Plato's concept of an excellent-man, Locke's honest-man and Ortega y Gasset´s noble-man. Only human beings with a cosmological and historical intellectual vision are able of drafting laws which respect the essence of the humans and which result in really fair typifications, rules and regulations.