Hayek's conception of the Constitutional State and the criticism of Hinkelammert

Abstract

 Meeting the scarce presence of the issue of Constitutional State in Latin American critical thinking, as opposed to that of revolution, social change, emancipation, social justice, democracy and human rights, the author suggests the importance of this issue as the invocation to the Constitutional State has been the cuasi-religious conservative myth in Latin America that has justified repression and even coups. Therefore, the article describes the political theory of Hayek, of whom it had only been emphasized the aspect of the changing economic concepts, juggling his influence in the legal-political realm and in the democratic theory. After that is followed the critics of Hinkelammert neoliberal thinking.