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In this video, Jordi Ferrer provides critical reflections on the neoconstitucionalism doctrine, which he considers a harmful and misconceived ideology. Ferrer outlines the main elements of neoconstitutionalism and discusses the incorporation of morals and values into constitutional systems. He also analyzes the concept of moral gaps, internally and externally applicable norms, and the need for a paradigm shift in our understanding of the law. Ferrer challenges the idea of the neutrality of law, argues that the abandonment of positivism is due to the inseparability of law and morality, and questions the view that judicial rulings on constitutionality are constitutive. Finally, the speaker critiques the declarative nature of certain sentences in neo-constitutionalism and calls for an open discussion on these issues.
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