Resumo

BAQUERIZO MINUCHE, Jorge. On ‘Constituent Subject’. A Brief Analysis from Legal Theory. Isonomía [online]. 2022, n.56, pp.71-100.  Epub 08-Ago-2022. ISSN 1405-0218.  https://doi.org/10.5347/isonomia.v0i56.480.

This article studies the concept of ‘constituent subject’ and, more precisely, seeks to identify and analyse its three defining properties: the condition of ‘constituent’ –and not ‘constituted’– of the subject, its legal limitlessness and its self-assignment of an ‘originary’ normative competence. Taking for granted that this concept maintains a necessary relationship with the concept of ‘constituent power’ (in which it is implied), each of these properties is studied from an analytical perspective which focuses on the phenomenon of normative production as it stems from exercising his power. As an effort of conceptual clarification, the article discusses and addresses potential objections to each of the three properties identified. Finally, and from a neutral point of view, the reasons that account for the politically uncommitted nature of the subjective element of the constituent power are indicated.

Palavras-chave : constituent subject; constituent power; normative facts; supreme authority; sovereign; legal limits; normative competence.