Frankenstein and the moral vanguard: From the empire of law to the dominion of the judiciary

Abstract

This paper offers some considerations about the so-called constitutionalism of effectiveness or neoconstitutionalism, however limiting itself to discussing its theoretical aspects, instead of analyzing concrete cases. First, it briefly presents the main principles of neoconstitutionalism, particularly in the formulation of Luis Prieto Sanchís; then, it presents some considerations based on the observations of some of its critics, particularly Juan García Amado. The arguments of these two authors are complemented by some observations by the author and by other authors, who insist on relevant aspects for our discussion.