Constitutionalism: A Historical Overview

1st Period: Classical Liberalism or Constitutionalism

Ages:

As we increased the power of the king, some of the earliest antecedents of constitutionalism arose to limit royal power. For example, the Magna Carta, Habeas Corpus, and the Bill of Rights.

Start and Spread of Constitutionalism:

It begins: with the French Revolution and U.S. independence, leading to the birth of a system of laws based on tabs.

The spread: of constitutionalism stems from the ideas of Montesquieu (regarding the separation and balance of powers to avoid despotism). Its expression peaked in the U.S. Constitution.

This period was related to the 18th and 19th-century Enlightenment and Liberalism.

The Enlightenment: recognized that individuals and society predate the state and assigned inalienable rights to man.

Liberalism: Consolidated during the 19th century and derived from the Enlightenment, it centers on man and freedom as the fundamental axis of social and political organization.

Characteristics of Classical Liberal/Constitutionalism:

• The State should have a written and formal constitution.
• It must proclaim and secure the inviolable right to private security.
• It was a political order that favored the bourgeoisie.
• It adopted a representative system for government posts.

2nd Period: Social Constitutionalism

1. The Industrial Revolution brought profound changes in the economy and the exercise of power.
2. It resulted in a greater concentration of wealth in the hands of the bourgeoisie.
3. This resulted in extreme poverty, social differences, and differing life conditions.
4. There were claims and workers' struggles. Socialism and Marxism appeared.

Characteristics of Social Constitutionalism:

• Positive concept of freedom.
• Increased state role in economic and social life.
• Expanding political participation.

Rules were added to solve the problems:

• Workers' Rights
• Social Security Rights
• Rights of trade unions

3rd Period: Human Rights Protection

• Totalitarianism and World War II resulted in human rights violations.
• Characteristics of Constitutionalism in Human Rights:

• Right to peace.
• Right to economic and social development of peoples.
• Right to self-determination.
• Recognition of minorities and the right to diversity.