Sobre las contradicciones (tensiones) del constitucionalismo y las concepciones de la constitución

Abstract

This articles hopes to, firstly, show that it is not possible to give account of the evolution that has ended with what is called “Constitutional state”, considering only some of the structural changes of our judicial-political systems. This article supports the idea that it is not possible to understand the scope of the current transformation, considering only neutral and/or avalorative notions such as “Rigid constitution” and “Regulatory constitution”. Without the value component implied by the constitution of “political constitutionalism” (the constitution as an ideology), the Constitutional state is not simply understood. After the latter, the text will manifest some internal contradictions of constitutionalism. These contradictions will help the reader understand the role of the constitutional conceptions. From there on, the text will try to show that a good conception of the constitution has to be able to integrate and give sense to the presence of tensed elements, and therefore showing how there is a need to integrate the “to give a constitution” moment, to “living in constitution”.

Keywords:

Constitucionalismo

constitución

acuerdos incompletamente teorizados

conceptos esencialmente controvertidos

deliberación

Constitutionalism

constitution

agreements incompletely theorized

essentially controverted concepts

deliberation

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References

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