Process And Republic: By Own Motion Evidence
Abstract
The topic that is developed here is linked more to politics than to the Law and, perhaps for this reason, its understanding is usually alien to the academic fields that teach and regulate the process throughout Latin America, as I will try to demonstrate in this work. But shortly after looking closely at the National Constitution - strictly speaking, all the Constitutions of the continent - are unquestionable the deep reciprocal implications of the concepts of process and republic in their different philosophical, ideological and political treatments. For the full understanding of what will be said here, it is essential to expose, capture and understand previously some of the specific problems generated by the assumption of the process concept from the pure perspective of the Constitution, something that specialists have so far refrained from doing in the branch called Constitutional Procedural Law. Without this necessary knowledge, the conclusions of this work could be incomprehensible to the reader, who will surely believe in the end that everything is the author's whim. And you will see that it is not so. It is worth this preliminary explanation to understand the development of this work.
Keywords
Process, Republic, Constitution, procedural parts, impartiality