R. Guastini
tlooto Summary
The article examines different uses of the concept of 'Constitution' in legal and political language without attempting an exhaustive study.
Abstract
THIS ARTICLE SYSTEMATICALLY EXAMINES THE DIFFERENT USES OF THE CONCEPT OF "CONSTITUTION" IN LEGAL AND POLITICAL LANGUAGE. FOR THIS PURPOSE, WITHOUT ATTEMPTING AN EXHAUSTIVE STUDY, AN EXAMINATION IS MADE OF THE FOUR SENSES CONSIDERED MOST IMPORTANT BY THE AUTHOR, I.E., THAT OF CONSTITUTION AS A POLITICAL ORDINANCE OF A LIBERAL NATURE; AS A GROUP OF "FUNDAMENTAL" NORMS; AS A NORMATIVE DOCUMENT BEARING THIS NAME, AND AS A NORMATIVE TEXT POSSESSING CERTAIN "FORMAL" CHARACTERISTICS APPROPRIATE FOR A SPECIFIC LEGAL SYSTEM. ON EXAMINING THESE MATTERS ONE BY ONE, THE AUTHOR PUTS FORWARD DIFFERENT SENSES OF THE CONCEPT OF CONSTITUTION AND TAKES INTO CONSIDERATION SOME OF THE PROBLEMS OF THE CONSTITUTIONAL THEORY, SUCH AS THAT OF THE DIFFERENCE BETWEEN THE CONSTITUTION AND OTHER LAWS, THE CONTENTS OF THE CONSTITUTION, THE CONSTITUTION AS A SOURCE, AND CONSTITUTIONAL AND CONSTITUTED POWERS.
Citation format
GUASTINI, R. Sobre el concepto de constitución. Cuestiones Constitucionales, 1999, 1: 161–176.