LA DESARMONÍA NORMATIVA PROVOCA INESTABILIDAD EN EL DERECHO PUBLICO Y AFECTA DERECHOS DE LAS PERSONAS

The lack of harmony between the law and both the constitutional and the treaty-based order leads to certain considerations about the current Public Law. Empirical evidence shows structural, functional and legal disagreements. By applying discordant norms coming from the aforementioned disagreements, it causes adverse impact on human rights, Public Law, the legal relationship between the State and individuals.

The causes of these disturbances have an external origin, understood as those derived from the evolution of humankind, and an internal origin, inferred from the uses, customs and idiosyncrasies of each Nation. The aforementioned causality is based on the state normative action when it dispenses with the rights and guarantees of individuals.

Therefore, the legal order must be examined by adapting its contents to national constitutionalism, humanist treaty-based order and the community integration rules, considering the interests of the different social points of view.