PLURALIST AND PROCEDURAL INTERPRETATION OF THE CONSTITUTION AND ITS RELATIONSHIP WITH HUMAN RIGHTS FROM THE MONIST THEORY

Abstract

This research aims to analyze the pluralist and procedural interpretation of the Constitution and its relationship with the protection of human rights, from the perspective of Hans Kelsen's monist theory. Kelsen's monist theory defends the idea that the legal system is a hierarchical set of norms, culminating in a fundamental norm (Grundnorm), which confers validity to all other norms in the system. In the context of constitutional interpretation, this perspective emphasizes the unity and coherence of the legal system. This research analyzes how the pluralist and procedural approach to constitutional interpretation can enrich the protection of human rights, respecting the hierarchical structure and normative coherence defended by Kelsen's monist theory. It will investigate how constitutional courts fulfill their role as guardians of the Constitution, ensuring that infra-constitutional norms are aligned with constitutional principles and internationally recognized human rights. In addition, specific cases and international comparisons will be examined to illustrate the practical application of these interpretative approaches and their impact on the protection of human rights. This research seeks to contribute to a deeper understanding of the dynamics between different methods of constitutional interpretation and the protection of human rights, within the context of monist theory, providing a critical and comparative analysis that can inform future legal and legislative practices.