El sistema constitucional de los países sin Constitución (reflexiones sobre Estado, sociedad, educación y cultura política)

Abstract

Traditionally, the idea of a Constitution has been associated with the separation of powers and the guarantee of the rights, duties and the freedom of the citizens within the area of a state. However, reality permits us to confirm that the meaning of «Constitution» does not always mean that it is synonymous of a unique text. On the other hand, where it exists it does not always absolutely reflect the political and social reality of the country in question. The diversity of circumstances and situations allows us to detect a number of suppositions about those countries without constitutions, either because historically they have not found it necessary due to the dynamics of the state which does not consider it necessary to have one. Thus, inevitably springs the intellectual necessity of imagining a new concept of a Constitucional Law that would extend beyond the strict schemes of the positivists' minds. As a result, the labor to be done would be a product of that common concern which would become a starting point of future researchs for the authors.