The boundaries of constituent power.

Between theory and practice

Abstract

The present work seeks to bring the reader closer to the precision of the differences between the original constituent power and the derived constituent power, recalling the origin of those figures of constitutional law that have been of special application (although not exclusive) since the eighteenth century. Next, a more concrete approach to the original constituent power is taken, with particular emphasis on the French Revolution and the American Revolution, seeking precisely to delimit when there is a sovereign cause to formulate the original power, when the transformation of an existing constitution and of the State to which it conforms is really justified. We will raise the problem of the abuse of constituent power and the difficulties that the sovereign has in limiting the abuse of constituted powers, trying to reflect on possible alternatives that allow the consolidation of the original constituent power as a mechanism of the people and not as a tool of political manipulation.