Carta Magna: A Provocation to consider the Relatinship between Constitution and Constitutionalism

Abstract

This work is based on the critical analysis of the impact the Magna Carta had as a historical precedent for constitutionalism, and the structure and redaction of constitutions worldwide. First of all, there is the development of a brief review of the history and the reality of the symbolism of this document, which was written on 1215 in England. Furthermore, the analysis will be focused on the clauses of this manuscript, which remains inside the juridical culture used in the constitutional ambit, and the value of the interpretation of many nations of this instrument in order to organize the constitutional normative; within which we can mention: the rule of law, the common law and those which had a Romanic-Germanic-continental inherence, of which, Ecuador can be related to the latter classification. Finally, there is an important distinction between constitutionalism and the Constitution itself, the relevance of the relationship between normative and the construction of socio-cultural principles that support and bring efficacy to the supreme norm.

KEYWORDS: Magna Carta, constitutionalism, rights and powerxs, socio-political dimension, principals.

JEL CODE: Y80, A14