Concept of the Constitution and where it was developed
Introduction
This essay will try to answer the question of what is the Constitution? Since we can realize that it is a concept that have different meanings through time and in the place where it has been developed.
Throughout the essay, different concepts of what is a Constitution will be developed, in the first place we will inform the macro or better known concept of what the Constitution is, then we will address the historical process that has had this same, as well as the typesof constitutions and parts of the same. Finally, we will give a conclusion of the objective of the Constitution today.
Developing
The Constitution is a fundamental law proclaimed in the State, in which the foundations for the organization of Public Law of the State (Lasalle, 1984) are thrown.
Its origin is found in classical Greece, which had the evidence that political society is governed by law. Aristotle was the one who developed the concept of constitution.
Aristotle said that the Constitution is the ordination of the powers of the State and that determines how the supreme power is to be divided, according to whom he resides and the purposes of the community that must be entrusted to him (Hernán Alejandro Olano García, 2006).
For him there were three good forms of government: the monarchy -government of a single man, aristocracy, government of the best and moderate democracy -government of many. His degradation would lead respectively: tyranny, oligarchy and exaggerated democracy (Enriquez, 2002).
According to Gaspar Caballero Sierra and Marcela Anzola Gil, 1995:
“In the Roman legal language the term constitution was used to distinguish the sources of law endowed with a particular value;For example, the expression Constitutionis Principis referred to the normative acts of the emperor, endowed with superior efficacy with respect to the other acts. Analogue use is in the canonical system regarding the Constitutioni Pontifice and Sinodali, also covered by importance superior to the other standards. Cicero talks about Constitutioni Populi to indicate the political structure of a people. That same term is in the Middle Ages, for example, in Marsilio de Padova and other authors who use the expression Constitutions Republice, in the sense of fundamental political structure."
Finally, the term "Constitution" in the definition that we initially show is used for the first time to designate the Political Charter of the United States of America of 1787.
The concept of constitution is one of the most complicated to build within the conceptual framework of the science of law, since it is a concept that has had and has countless formulations, many of them even incompatible and contradictory to each other.
Then, with the previously analyzed, we can say that the Constitution is a public legal system that contains the bases on which a State is based and is the source of the sources of law.
Now we will address the different types of constitutions that we can find and give a small description of each one:
- Not coded, it does not have a systematic order, but has been collected as the standards have been dictated or applied (Silvestre, 2013).
- Coded, it is that systematic formulated and orderly forming a whole system through the written law. For example, Political Constitution of France (Silvestre, 2013).
- Dispersed, it is that formulated without system unit (Silvestre, 2013).
- Written, it is that formulated in a document by a competent authority (Silvestre, 2013).
- Not written, they are the one that is consuetudinally instituted and does not appear in any document (Ponce, 2015).
- Formal, are those prepared by a Constituent Assembly, based on an established and particularized procedure, which makes them easy to identify (Ponce, 2015).
- Rigid, which can only be renovated by a higher and special organ, established and more complicated than the method used to prepare or reform a non -constitutional law (Ponce, 2015).
- Flexible, it is one that can be renovated through an ordinary law. It allows to adapt it to reality although it leads to legal chaos (Silvestre, 2013).
- Stony, it is one that cannot be renovated (Silvestre, 2013).
- Original, they contain original and new principles to regulate the political process or the formation of the State (Ponce, 2015).
- Derivatives, do not create any new system, on the organization of the State, since they maintain the original principles of the State (Ponce, 2015).
- Ideological, which based on a specific ideology organize the State (Ponce, 2015).
- Utitaries, they are neutral in ideology, they regulate only the form of government, not the rights of citizens (Silvestre, 2013).
- Regulations, proclaim and regulate the processes of power and these are fulfilled in accordance with the provisions of the Constitution;They set the limitation of the power of the State and respect for individual rights and adapt to the reality in which they govern (Ponce, 2015).
- Nominal, it is that which is not fulfilled what it establishes (Silvestre, 2013).
- Semantics, it is only in the text, there is always overwhelming the rights of the individual and overflow of the limits of the power of the State (Silvestre, 2013).
- Real, express the real power factors (Ponce, 2015).
- Formal, known as a piece of paper (Ponce, 2015).
- Generic, only exposes the general lines of state organization (Silvestre, 2013).
- Analytics, contain a number of norms with regulatory provisions of political, economic and social content, which implies frequent reforms (Ponce, 2015).
- Definitive, those issued in a time of democratic statement, exceeding transition processes (Ponce, 2015).
- Transitory, are issued in times of conflict that demand institutionally consolidating the State (Ponce, 2015).
- Granted when the monarchy limits its power and their writing and validity take place by a superior will (Ponce, 2015).
- Of popular origin, they are the product of the elaboration of a Constituent Assembly of Citizens (Ponce, 2015).
- Historical or customary.
- Plebiscitary. The exercise of political power corresponds to those who won the latest elections (Ponce, 2015).
Finally, the Constitution is divided into four parts, which are: dogmatic, organic and social preamble.
The first part of the Constitution is the preamble because it presents the motivation of why the Constitution has been issued. The dogmatic part is what includes the system of individual guarantees and constituent elements that the State has. It is followed by the organic part where the functions of the State, its organs and institutions are prescribed. As well as limit and define the power and action of the organs that make up the State. Finally, the social part is covered throughout the Constitution because it contains the norms that regulate and promote social welfare.
conclusion
In conclusion, the Constitution has diverse meanings throughout history, but in all we talk about doctrines and laws that determine how the political organization of the State is. Likewise, they establish the rights and duties of citizens, institutions and organs of the State.
The Constitution is not just a simple term, it must be considered as the fundamental law constitutive of the legal system of the State. Every state needs a constitution to work and prosper, since it is sets the main limits so that the State can exercise its power.
Bibliography
- Hernán Alejandro Olano García. (2006, November). What is a constitution? Reflections regarding "constitutional botherism". Recovered from File: /// c:/users/Jose%20luis/Downloads/1351-5474-1-PB.PDF
- Enriquez, m. F. (December 4, 2002). Monographs. Retrieved on September 10, 2019, from monographs: https: // www.monographs.com/works12/consti/consti.SHTML
- Gaspar Caballero Sierra and Marcela Anzola Gil. (nineteen ninety five). Constitutional theory. Bogotá: Themis. Retrieved on September 10, 2019
- Lasalle, f. (1984). What is a constitution? Arial. Retrieved on September 10, 2019
- Ponce, a. D. (February 27, 2015). Ecuador Law. Retrieved on September 10, 2019, from Ecuador Law: https: // www.RIGHTEUADOR.com/la-Constitution
- Silvestre, e. V. (October 11, 2013). Monographs. Retrieved on September 10, 2019, from monographs: https: // www.monographs.com/job-PDF5/Classification-Constitution/Classification-Constitution.SHTML
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