Las tentaciones del constituyente

Abstract

The constituent can be tempted to be legally autistic, to normative plagiarism, to confuse his roles of exceptional legislator with those of ordinary legislator, to be confused, to lie with promises that are difficult to fulfill, to impose his constitution authoritatively and to believe that it is perfect. Such temptations, if accepted, can lead a constitution to conflict with international law, or with copied but impracticable, ambiguous, false and defective clauses. This produces phenomena of failure, frustration, collective rejection and almost certain “deconstitutionalization”.