Of the Reform and Constitutional Amendment
Keywords:
fundamental rights, Magna Carta, Amendment, Constitutional reformAbstract
The Constitution, as a fundamental norm, in all nations, stands at the head of the positive legal system in force in a State. Its special function is to organize the latter into elements that make up a community, the political leadership (Government), which administers the execution, laws and justice to a group of natural citizens (Nation), in a given space (Territory). ). Like everything, the Constitution as such, necessarily, has a starting point, a theoretical or doctrinal birth and another original institutional one. The first, based on that event that was valid for its legal birth in its effective application and its historical development, based primarily on the philosophical thought of jurists from the time of the eighteenth century illustration; and, the second, through its entry into force as Supreme Law in each of the States, above the laws and other provisions of lower rank. The Magna Carta, as a member of the legal system, has the social nature of all laws; that is, it is written in order to organize a human community in various aspects of its daily life. In this sense, man has written his history based on change, evolution, constantly searching for the correct formula that will lead him to find and apply the ideal legal political system that organizes society within the framework of order, harmony and finally social peace. That is, history is based on evolution.
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References
BERNARDINO CANO RADIL; Manual de Derecho Constitucional, pág. 140, Editorial CATENA S.A.; año
LUIS LEZCANO CLAUDE, “Derecho Constitucional – Parte Orgánica”, pág. 594 y sgtes., Imprenta
Salesiana, año 2008.
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