Humanities

What is constituent? »Its definition and meaning

Anonim

Constituent is a term that can be used as an adjective or noun as the case may be, its meaning being that which reforms and establishes a specific rule, this word has its etymological origin in the Latin language, being the result of the union of several elements of this dialect, the first is the prefix "con" which means "everything" then there is the verb "statuare" which means "to establish" finally there is the suffix "entity" which translates as "who carries the action".

At present, this term is widely used in regards to the world of law, in what is known as constituent power, which is the one who grants the ability to establish a legal order over a specific territory and to establish the fundamental bases of itself, then the constituent power is the one that supports the creation of a State and is in charge of constituting the foundations for its political organization, in addition to establishing its possible modifications in the future.

Another related term is the constituent process, being an indispensable element in what are participatory democracies, since it is he who is in charge of putting the mechanisms in place for the elaboration of a constitution that adapts to the different requirements of society. at all times. It is very frequent that the terms constitutional reform and constituent process tend to be confused, however, it must be made clear that the constituent process seeks to modify the constitution as its primary objective, while constitutional reform is characterized by the fact that the people are in charge to propose, accept and establish a new charter magna, that is to say, it is the citizenship who possesses the constituent power.

The constituent process is divided into three phases, the first is the call for a consultative referendum, in order for the people to decide whether to start said process, granting it legitimacy, then if it is accepted it will proceed to The creation of the new laws and they will proceed to put them in writing, this must be done by the people who were chosen by popular vote, to finally proceed to a referendum where their approval or not will be decided.