On the Indeterminacy of Constitutional Law and Law: The Term "Nationalities" as an Indeterminate Legal Concept

Abstract

Starting from the premise that a legal system should not disregard the analysis of its language, the author reflects, from a legal theory perspective, on the vagueness and ambiguity of linguistic expressions, with the aim of analyzing certain aspects of the indeterminacy of legal texts. He enumerates some of the causes that produce this indeterminacy and attempts to approach the assumptions from which legal professionals confront the problems that arise when applying and interpreting the law or when developing it legislatively. He addresses indeterminacy in constitutional law, making special mention of the term "nationalities" in Article 2 of the Spanish Constitution, in order to consider, in this specific case, some of the consequences of observing "indeterminate" concepts in any constitutional law, as well as the various lines of reasoning—doctrinal approaches—regarding how its application has occurred in specific cases. He brings up, in a critical manner, the classic solution offered by the theory of indeterminate legal concepts.