Las declaraciones como actos de habla en el Derecho constitucional

Abstract

The purpose of this work is the interpretation of legal norms and, especially, of constitutional norms. To try to clarify the meaning of constitutional legal statements, the work relies on the philosophy of language and, in particular, on Searle's classification of illocutionary acts. Among them, declarations are of interest, especially declarations with a status function, which have great relevance for Constitutional Law. Similarities and differences between declarations and prescriptions are examined. Taking into account the distinction between both speech acts, some constitutional legal norms that contain declarations are studied, especially those that expressly recognize or attribute fundamental rights, and those that confer public powers, and their logical significance as strong permissions is examined. The legal and political meaning of other declarations of constitutional relevance is also analyzed.