The impossibility of defining the concept of peace in law

Abstract

Peace is a political concept and it is understood as NOT War; therefore, it is inseparable from the political struggle as it is inseparable from the struggle for power. Law faces an impossibility, it cannot give a legal sense to it, peace is an open text that cannot be filled, in addition, you cannot reduce its extent and increase its understanding and Art, 22 of the 91 constitution states that peace is “A Law and a duty of obligatory fulfillment” which is paradoxical since Peace is NOT an autonomous fundamental right nor its hermeneutic structure allows it and the jurisprudence of the Constitutional Court has never affirmed that it is. Thus, Peace is presented with hermeneutical fluidity since it has been applied as Principle, as Value and as legal duty of the associates and in charge of the State. Then, if one sentence is used as a principle perfectly, in another, it is used as value and in another as a duty of the State since the Preamble of the letter states that the mission of the State is to procure PEACE. Whatever any of these eventualities is given by the conditions of the political game, on the War and how its end.