"Tener una Constitución", "darse una Constitución" y "vivir en Constitución"

Abstract

The purpose of the essay is threefold: 1) First, to show that the evolution from the classic Rule of Law regime based on Legality to the Constitutional State cannot be explained by taking as the relevant facts solely some structural changes in our legal-political systems. Concepts such as “rigid Constitution” or “regulatory Constitution” are not enough to understand ongoing transformations; it becomes necessary to add some evaluative elements related to the so-called “political constitutionalism”. 2) Secondly, to show how the internal contradictions of constitutionalism allow to explain why the legal and political functioning of a Constitution requires the concurrence of different conceptions thereof. 3) Thirdly, to show that an adequate constitutional conception must be capable of integrating and making sense of both the moment of “giving ourselves a Constitution” and that of “living under a Constitution”.