Neoconstitutionalism: Vision of novelty within the Constitution
Introduction
Neocostitionalism over time has been gaining strength in the political framework of Europe and in Latin America, what is done with this new constitutionalism is to change some of things or to put it in this way to see new things in something that was already founded , this new constitutionalism is born from the idea of enforcing fundamental rights; where very novel things will be included that contribute to them, where they have been working differently to how classical constitutionalism was; Constitutional Courts begin to work the different constitutions.
Developing
Interpretation techniques of constitutional principles, weighting, proportionality, reasonableness, maximization of fundamental rights where they did not work in classical constitutionalism enter. If something has characterized the new Latin American constitutionalism for years, it has not been the ability to unite society or normative force or its broad democratic legitimacy, the key to understanding the ideas of constituents in Latin America, since these are only theoretical andnot created based on the need for what this constitutionalism.
It is only a political process of social transformation that creates constitutions according to the convenience of a political power for the maintenance of elites in natural and private public decision circuits. A contribution and characteristic constitutionalism is that it has created last Latin American Constituent Assemblies as political, social transformation processes, with direct participation of the people and that from the 1991 Colombian process to the Ecuadorian of 2008, or the final vote on the Bolivian text of 2009, translates into fully democratic experiences.
Which will serve as a reference in the constitutionalism of the future. Many of the Latin American Constitutions have served academic studies as a contribution and thus public. And thus begin to declare the end of nominalist and unin original constitutionalism in order to begin new lights in Latin American constitutionalism, and with this giving way to the National Constituent Assembly that is born through parliamentary production.
Political groups close to the regime party. And this is adopting decisions for the activation of constituent power, in this sense, it is directly related to the revolutionary nature of its origin. In short, the claim of the constituent power that is raising the new Latin American constitutionalism returns to first forms of exercise of this power, typical of revolutionary constitutionalism. A characteristic that must be highlighted is the paradigm of the constituent power, since it is a force that breaks, breaks, interrupts, unraveling all pre -existing balance and any possible continuity.
The constituted power obtains its legitimacy of the constituent, and this is aware that its boiling is an extraordinary scope that will end up separating its components and distiling the legitimated and legitimizing product called Constitution. It is precisely this conscience with respect to the revolutionary potential of the constituent power, which sinks its roots at the origin of the concept, but, at the same time, it was consciously forgotten by the constituents of elites, which differentiates the old and new constitutionalism in Latin America in Latin America. From this point of view, the new Latin American constitutionalism.
It is a constitutionalism without parents. But, in short, it can be summed up in Latin America to need a transformative constitutionalism and that it is a real constitution led to the need of the people. Neocostitionalism aims to explain this set of constitutional texts that begin to emerge after World War II and that find their zenith in the European Constitutions of the seventies (mainly the Portuguese of 1976 or the Spanish of 1978) and in adaptationLatin American European Social Constitutionalism (such as the Brazilian Constitution).
They are constitutions that are not limited to establishing powers or separating public authorities, but contain high levels of material or substantive norms that condition the action of the State through the ordination of certain purposes and objectives. As can be seen, there is no criticism of the origin of the Constitutions, since this is not the object of concern on the part of the neoconstitutionalists consistent with their analytical methodology. The emphasis is only normative;And not with respect to any regulations, but on the material supremacy of the Constitution, characteristic of the neoconstitutional state.
conclusion
Constitutionalism has not remained as a static model, but has continued to evolve in many ways. It is the result of these evolutions that appear the need to theoretically verify the concept of neoconstitutional state and highlight its practical consequences. As the first characteristic we have the bad constructions on constitutional democracy that have caused evil in the approach of these democracies to the point that the theories of constitutionalism have been more than on the democratic foundation of constitutionalism.
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