From the Latin constitutio, constitution is the action and effect of constituting (forming, founding, composing, erecting). The constitution is the essence of something that constitutes it as it is and differentiates it from other things. For example: “This table has a solid constitution thanks to the excellent quality of its wood”, “It is a beautiful house in terms of its external appearance, but it fails in its constitution, due to the materials used”, “I am working in the constitution of a commercial company to distribute foreign products in my city ”.
The Constitution, written with a capital letter, is the set of fundamental norms of a sovereign State, which are usually expressed in writing and set the limits and relations between the powers of the State and between them and the citizens.
Constitution as a Magna Carta
The Executive Power, the Legislative Power and the Judicial Power, therefore, act according to the parameters established by the Constitution. This means that the Magna Carta (another name for the Constitution) guarantees the freedoms and rights of the people.
The violation of the Constitution is a blow to the democratic life of a country. For this reason, dictatorships usually take the abolition of the Constitution as one of their first measures. The constitutional law is the branch of public law which analyzes the fundamental laws that define the state and governing form of government.
Classification according to their political origin
According to their political origin, it is possible to distinguish between different types of constitutions:
* granted : they receive this name since they are granted by the sovereign to the people, in the context of a monarchical state. In this case, the monarch has the power to decide what is best for his people, and it is through the Constitution that he expresses it in writing, along with the recognition of his rights;
* Imposed : it is a Constitution that Parliament (understanding as such the political forces of a country, the power groups that merge into a single body) imposes on the monarch. Unlike the previous case, it is the representation of the people that leaves a record of their needs and desires to the governor, who has the obligation to consider them. In short, through imposed constitutions, society is given the opportunity to actively participate in making essential decisions;
* agreed : revolve around the idea of consensus ; There is no party that grants or imposes them, since this would undermine their status as legitimate. These are multilateral documents, which record the will and criteria of two or more members. As with an employment contract, they arise from mutual understanding and acceptance of their proposals, and can occur between provinces, regions and other social groups. Its creation implies a higher evolutionary level of politics with respect to the aforementioned types and a strong commitment to the concept of social pact. Even when it occurs in a monarchical state, an agreed Constitution recognizes the governed as a sovereign people, and not as subjects;
* approved by the will of the sovereignty of the people : this type of Constitution is born from society itself. For this, an assembly is usually organized, which aims to allow citizens to demonstrate freely. In this case there is no pact, but it is the product of the force of the people, who manage to establish their rights and obligations.
Constitution city and neighborhood
Constitution, finally, is the name of different administrative entities found in South American countries.
Within this framework, it is a city in the Province of Talca (Chile) and a neighborhood in the city of Buenos Aires (Argentina) that houses an important railway station.