Constitutionalism is the name given to a political system that is based on the rule of the Constitution : the supreme law of a State , which establishes limits, freedoms, obligations and rights for citizens and rulers. The notion of constitutionalism is also used to refer to the ideology that drives this type of political and social organization.
According to constitutionalism, the authority of a government comes from the Constitution . Furthermore, all laws that regulate coexistence in society must be based on said Constitution, which is responsible for articulating the set of norms.
It can be said that constitutionalism believes in the freedom and sovereignty of citizens. In order for people to enjoy their autonomy and live together in harmony, a government is needed that fulfills its functions within the framework of the law . In this context, the supreme law is the Constitution , a document that cannot be contradicted by any regulations and whose principles must be respected.
Constitutionalism is also a way of organizing the State . The foundations of public life are contained in the text of the Constitution, which regulates the conduct of individuals as provided by law.
As a political philosophy or movement, constitutionalism aims to set limits on the power of rulers. The premise is that the individual will and particular interests of a person in charge of government do not prevail over the rules that society agrees to and accepts for the administration of the State.
All of this represents the ideal of every society, focused primarily on respecting the freedom of each and every one of its inhabitants. Another aspect to take into account is the rationality on which this ideology is based, which contrasts it with religious ones, which were abundant in the past and were characterized by following the mandates of a divinity regardless of their consequences, instead of making decisions consciously and facing them responsibly.
Let us take the case of Mexico to explain the concept of constitutionalization in a contextual way. For a long time, its people lived in an imbalance regarding the recognition of their rights, especially collective rights. This can be seen by observing the accelerated pace at which industrialization grew, sustained by large groups of workers who did not enjoy the protection that we consider fundamental today.
Finally, in 1917, the Mexican Political Constitution was established, with precedents such as the Mexican Revolution of 1910. In this way, it managed to reverse the aforementioned situation of lack of protection. Through constitutionalism, the State implemented the necessary policies to ensure its people the well-being that corresponded to them in all aspects, from health to education. Among its most important changes, it gave special importance to collective rights , in addition to individual rights, promoting shorter work days, fairer wages, social benefits, social security, the right to unemployment and work contracts.
It is important to note that individual rights were not compromised to give way to the recognition of global rights, but that these had to be subordinated in favour of the common good. Other cases worth mentioning in this context are: Argentina, in Mendoza, in 1916; Germany, in the Weimar Republic , in 1919; Spain, in 1931.
In some sources we find this concept as social constitutionalism , although with the same meaning as in those where the term social is omitted. Needless to say, its presence helps to reinforce the character of the sanction of a text such as the Constitution, which seeks to guarantee the rights of all people rather than limiting itself to individual rights.