THE PARADOX OF MORALITY IN CONSTITUTIONAL LEGAL REASONING: INQUIRY

This article aims to stipulate an as yet unidentified paradox in constitutional reasoning: I have called it the morality paradox (and its effects) in constitutional legal reasoning and the challenges facing the constitutional rule of law. I identify it as a constitutive feature of modern constitutional life and propose an enunciation of the paradox and its main paradoxical effects. Finally, I propose a re-reading of the metaphor of Ulysses in chains in order to understand this paradox and identify ways to deal with it.

Keywords:
Legal reasoning; Constitution; Paradox; Morality; Constitutional Rule of Law.