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Constitutionalism

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The rules were created in order to regulate and protect the elements in question whether in games , companies or the government in the form of law as it is in the case of the constitution .

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What is constitutionalism?

The constitucionalismo comprises all elements within the constitution . Said norms are established for the correct exercise of the person in charge of the government, establishing the limits and defining the relationships between the powers of the Federation. They are divided into Legislative, Executive and Judicial powers , among the three differentiated levels of the nation: the Federal, State and Municipal , as well as between all those and the citizens; in the same way, it establishes the bases for the Government and also for the organization of the Institutions in which power is based.

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  • Definition
  • Characteristics of constitutionalism
  • Background
  • History
  • Classical constitutionalism
  • Social constitutionalism
  • Liberal constitutionalism
  • Modern constitutionalism
  • Contemporary constitutionalism
  • Constitutionalist models by country
  • Importance

Definition

The constitutionalism includes all political concepts that define the behavior ideas, models and qualities that must be met as part of the elements within the authority of the government during his tenure. Its objective is to intercede and consecrate the rights of men and powers ”.

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Centrally in a government or constitutional system, the laws must be anchored and based under certain amendments by which the laws are regulated and subject to the general articles of the constitution.

Characteristics of constitutionalism

Among the most important characteristics of constitutionalism are:

  • It is one of the most used systems in Latin America .
  • The French Revolution was one of its greatest pillars of support .
  • The civil rights contemplated by each nation established in its constitution are universal and non-transferable .

Background

Its origins date back to the medieval era in which there was already a constitution of mixed type . The constitution served to maintain an idea of monarchical power limited by certain institutions on which the different sectors that comprise the political community are described .

The big problem that existed during the sixteenth century was the rivalry between the ” gubernaculum ” and ” jurisdictio ” and until the arrival of the religious schism advancing the gobernaculum on the second was to announce the arrival of an increasingly totalitarian power.

History

For the eighteenth century  thanks to Mr. Montesquieu , thanks to the fact that without leaving England aside, he is proud and after in-depth study to capture the evolution of the ideas of constitutionalism, until reaching the point of the Revolution in France .

The constitutional ideas of French liberalism of the 18th century had strong influences from the theories of Locke and Mr. Montesquieu, who largely contributed the ideas of ” well balanced government ” previously contemplated by Manuel Aragón.

Classical constitutionalism

It is a  political, social and cultural movement that aims to  achieve social order . To do this, as Montesquieu proposed, he tries to limit power by dividing it into three significant and independent powers . As a result of the great revolutions that hit the world during the 18th century , three models emerged , the French, the English and the North American .

Social constitutionalism

It is the most well-known movement and its fundamental objective is to protect and spread the introduction of social rights in the constitutional texts of the nation.

Starting from this concept, the first social constitutionalism was supposed for the first time by the Constitution of Mexico of 1917, this being one of the many results of the ideals of the Mexican revolution . With the passage of time, other great nations around the world have decided to incorporate proposals of this order in their contemplation within the legal and legal framework.

Liberal constitutionalism

The liberal constitutionalism is mainly characterized by seeking to give every citizen  all the right to opt for the private sector , thus giving the citizens a position in which he has total freedom individually and impenetrable .

Modern constitutionalism

The logic of modern constitutionalism is based on the inclusion of limits and controls to power ; but unlike the others, it only investigates the fact of including them in the public powers but also in the private ones , starting with those of the market. At the same time, it also requires the assignment of universal rights , not only civil and political, but also social, cultural and environmental , to all people, starting with the most disadvantaged.

Contemporary constitutionalism

It was born in Europe in the 19th century . It began to be supported through what was determined within the French and American revolutions where a set of laws were established that established the supreme equality between but now seeking to avoid any type of conflict.

In the same way, it gives rise to the appearance of a constituent power which does not have any limitation and is opposed by the balance and moderation of the constitutional tradition which had been established by Burke and the thoughts of limited sovereignty and that of the guarantee of the rights against the despot established by Kant and Constan .

Constitutionalist models by country

Among the most prominent models are:

  • The English model  is based on the idea of personal freedom and a guaranteed and imposed security system through the creation of a fair process regulated under the amendments of the law , I also include the idea that the judges are the ones who must regulate and protect the fundamental rights through a dynamic interpretation system that forms the common law
  • The North American model  is based on a system in which the constitution is formed from the decisions of the people. This refers to a ” dualist Constitution ” insofar as decisions are made at peculiar times by the people .
  • The French model  is based on the French nation  through a Constitution which recognizes the natural rights of individuals and also assumes the construction of an artificial political order with full foundations in the ” social contract “. This model opted for the creation of an egocentric State that, through the absence of judicial control of constitutionality, manages to guide the law in the true Constitution of the French.

Importance

It is the vital component and personifies the legal shield that every citizen has from the moment it arises , being its support foundation within the framework of the law , being able to defend it not only from the nation itself but also to support it in various situations in which is involved.

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