The Continuous Constitutional Law: Institutions, guarantees of rights and utopias

Abstract

Constitutional Law, which was once the Law of the State, became also the Law of the Society; Constitutional Law, which was closed within itself, connected not only to the other branches of the law but to Philosophy, History, Linguistics; Constitutional Law, which was silent or indifferent to the democratic issue, is now placed in the heart of the reflection on democracy. Due to these qualities, it built the imaginary of contemporary societies; the institutional, the guarantee of rights and the utopia are the three parts of Constitutional Law. The first term brings together the historical forms of organization of politics, the second concerns modes of affirmation, of expression and of protection of fundamental rights, the third regards the imaginaries of human societies. Constitutional Law is lost when it became entire limited to the first, to the second or to the third term; it finds itself, it enlightens itself and becomes a living force when these three experiences are balanced. And the balance is the manifestation of the Law, its measure.

Keywords: constitutional law, continuous democracy, fundamental rights.