Principles Jurisprudence: Methodology for The Judicial Interpretation of Fundamental Rights

The hermeneutical methodology jurisprudence of principles evidences the normative construction of fundamental rights, as structurally conceived norms in a “regulated and positive duality”. They are provisions of fundamental law and at the same time iusfundamental norms, constructed from the Praetorian law primarily, and in contemporary times by the judicial decisions of the German Federal Constitutional Court, since there is historical evidence of its construction in the Roman law of jurists, and then adopted by the Ibero-American Constitutional Courts, and in the constitutions of a large part of the Latin American states. On this occasion, we will demonstrate how the dual conception of fundamental rights is constructed from the German perspective, then its reception in Spain, and finally the generation of a decisive model for all of Latin America and for the global interpretive constitutionalism, generated in more than 28 years of jurisprudence of the Constitutional Court.