Comments on "Unconstitutionality and Derogation"

Abstract

The issues discussed in this reply are the following: 1. I will present my own version and critique of the "tacit alternative clause"; 2. I will defend the thesis that constitutionality is not something "given", but must be established in a positive way by a legal body; 3. I will try to demonstrate the impossibility of considering that there are a priori constitutionalities; 4. I will make some critical observations on the concepts of norm and legal system; 5. I will present a possible theoretical reconstruction of the legal order, which will be the basis for presenting the concepts of derogation and conditional annulability; 6. I will present the thesis that defeasibility is conditional annulability, among other reasons, due to unconstitutionality; 7. Finally, I will expose what in my opinion is the fundamental omission in the essay that is commented, which is the essential relationship between the concepts of regularity and those of annulability and the subjects that establish it.