Definition of Constituent Power

Most nations of the world have a Constitution. It is a document that sets out the fundamental laws that govern the form of organization politics, social and economic of a country. Simply put, the Constitution is the regulation general from which the principles and norms that affect a group of citizens are structured.

The Constituent Power is specified in a Constitution. Each country has its own history and tradition, although in general terms the Constituent Power is made up of a group of jurists who by consensus propose a constitutional text. The final proposal must be approved through a referendum in which the citizens approve or disapprove by their vote the validity of the proposed text. This mechanism is not the only one, but it is the most widespread.

The different powers of a state (legislative, executive and judicial) are described by the Constituent Power, since it is the law top on which the legality that governs the relationships of citizens.

Once the people have approved the constituent proposal with their vote, it is approved and it is said that it is popular sovereignty that guarantees the validity of the approved constitution. The vote of the people is the element that legitimizes a constitution

The articles that make up the Constitution act as a legal reference for any other legal document of a nation. There can be no code or regulations that contradict the Constitution. And it is in this sense that the Constituent Power is spoken of, since the set of articles of the constitution are the organizational referent that orders the rights and freedoms
of the citizen.

The Constituent Power does not disappear with the approval of the Constitution. In order for it to continue to be valid and useful, an organ (the Constitutional Court) is formed, which is the institution legal entity responsible for compliance with the articles that are developed in the Constitution. It is a Court that decides whether the norms proposed at any of the levels of a State are valid or not,

The process of modifying a Constitution carries with it a broad debate Social. A classic example is that of the United States Constitution. To approve a change or modification in it (the word amendment is used) it is necessary that a large majority of the representatives of the people approve it.