Los conceptos jurídicos indeterminados en el lenguaje constitucional

Abstract

In this paper it is analyzes the role played by indeterminate or open concepts in Constitutional Law. For this purpose, it have been analyzed the constitutions of the United States, Germany, Spain and Chile, and it is made a brief review about what the legal literature has said concerning the incorporation of this class of clauses in those constitutional systems. Likewise, the paper analyzed the consequences and risks involved in the use of these concepts, and the additional problem arising from the transformation of certain and determined concepts into controversial concepts.

Summary:
I. Introduction: Undetermined concepts. II. Undetermined concepts in some constitutional systems: United States, Germany, Spain and Chile. III. Difficulties involved in the use of undetermined concepts in Constitutional Law. IV. A new problem: From concepts determined to controversial concepts. V. Conclusions.