Estado constitucional: marco institucional esencial para la comprensión de los límites de la reforma constitucional

Abstract

The emergence of the constitutional state represented a new dimension of the very concept of a constitution, in which this document acquired the character of a fundamental rule that underpins the entire legal system. In this sense, the constitution becomes the basis and the li mit of the constituted powers and the guarantee of fundamental rights. Its popular origin curbs the amendments that can be made to it. This paper discusses the essential elements of the constitutional state as the institutional framework established for th e defense of a set of principles and values that have been raised to a higher status, in order to guide the political, social, economic, and cultural life of a country. To avoid subverting or arbitrarily changing a constitution, some limits are imposed on the power of constitutional reform.