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Modern Constitutionalism

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Modern Constitutionalism

First prediction

Constitutionalism is the result of a diversity of political manifestations, which date back to times prior to the birth of cultures which were organized for protection of their nation establishing a hierarchical order to become true states.

Foundation

The evolution of constitutionalism occurs from the formation of civilizations in tribes, cities-states, kingdoms, empires, etc. Since in order to coexist they had to admit some form of organization or government governed by the customs or loose laws to lead these groups. In Greece, it is established through the laws with a relevance of superior rank dictated by Dracón, Theseus, Solón, Clístenes and show If so, by graphe paranomon, any citizen could repeal it. 

Thus in Rome there were the law of the XII Tables that enjoyed the same privilege of maximum hierarchy and below it were the edicts, decrees, mandates and rescripts. In the Middle Ages in the Germanic culture it is established that the law was above the king since this is the one that granted power to the king. In the Low Middle Ages, the documents endorsed by the Pope had supreme rank and in the high Middle Ages in countries such as Spain, the forums are born, in France the Empire Laws, in Holland and England there are the fundamental laws derived from the custom. 

Second prediction

Constitutionalism today is the basis on which states are founded, giving it supremacy as the governing body of the legal system of a nation to direct the political, social and economic life of a country.

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Foundation

With the constant changes that the Constitution has been suffering over the years it is important and the bases for this State to develop according to the rules contained therein.

This idea has been the incessant struggle of those who were part of a French, American or colonies that lay under the yoke of Spain in our continent of which Peru is no exception. Based on how this term was coined with the bourgeois constitutionalism that fought to impose itself in France before the ruling classes such as the monarchy and the clergy establishing the fundamental rights of freedom, equality and fraternity themselves that once their purposes were reached For this class already accommodated and with riches. 

This bourgeois class before the emergence of the proletariat agrees with the monarchy and the clergy to stop the rise of this new social class that sought to materialize the ideal noble struggles that were forgotten, thus emerging the social constitutionalism that I seek equity in the members of a society. Giving study, fair wages, land and water to the peasants. 

That is why a nation must seek to ensure that the opportunities are equitable for all its members leaving aside the search for their own benefit, which once achieved is forgotten, as is the case today.

REFERENCES

  • Correa Noriega, P. L. (2015). General Cosntitional Law. Trujillo: Real graph S.A.C.  

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