Constitutional values and principles as limits on the actions of State powers and the Public service.

Abstract

The success of the Constitution of any State resides, beyond its legality as a written norm, both in the degree of adherence of its citizens, and to what extent its institutions and public function promote and defend the legitimacy of its constitutional principles and values, fruit of the constitutional pact in which the people as a true constituent power, exercises its sovereignty. The Constitution and the constitutional bloc perform the normative function of constitutional loyalty under the presupposition of their supremacy. If the law is intended to be valid and not be relegated to a mere ideal construction, it must seek the general effectiveness of the legal system through the constitutional loyalty of all public institutions and officials to the structural principles of our Magna Carta. The possible total revision of the constitutional text, as article 168 CE says, without any intangibility clause, leads both the Constitutional Court and the Supreme Court to deny the militant character of our democracy, interpreting 9.1 as a constitutional duty of loyalty comparable to subjection, without finding any difference between the duty of compliance and the duty of fidelity to the Constitution nor even in the act of the oath to our Magna Carta, without any meaning of submission to the Constitution, because the purpose of the oath is not internal link to the Constitution. Compliance with the principles and values of our Constitution and our legal system is only a merely formal external attitude, without it being interpreted as a strict concept of official fidelity and internal adherence of conscience and identity with those constitutional principles and values. Its recognition of our democracy as procedural opens the door to all ideas and all political programs as legitimate, with the only requirement of democratic methods, even those against the basic values of constitutionalism.