DE LA REFORMA CONSTITUCIONAL Y SUS LÍMITES MATERIALES. Consideraciones desde la Teoría del Estado y de la Constitución

This paper is an essay of Contitutional Amend Theory. Its fundamental thesis is the necessary differentiation, as a starting point, berween the established power of reform and the sovereign and unlimited in the content of its will constituent power. Thus, the constitutional reform become in an opera...

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Bibliographic Details
Published in:Teoría y realidad constitucional 2012-07 (30), p.89-138
Main Author: Alamillo, Javier Ruipérez
Format: Article
Language:Spanish
Subjects:
Clauses
Constitutional amendments
Material culture
Political power
Sovereignty
Online Access:Get full text
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Summary:This paper is an essay of Contitutional Amend Theory. Its fundamental thesis is the necessary differentiation, as a starting point, berween the established power of reform and the sovereign and unlimited in the content of its will constituent power. Thus, the constitutional reform become in an operation that, while adapts Constitution to the new demands of social reality, guarantees, at the same time, the fundamental will of the Constituent power which the amending power is submitted. From there, a series of consequences are deduded for constitutional practice, including the compression of the reform as a faculty submitted to limits, explicit, when the Constitution provided through intangibility clarses, and implicit in any case. [PUBLICATION ABSTRACT]
ISSN:1139-5583
2174-8950