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Sumary
Luhmann describes “the constitution as an evolutive adquisition” which contributes with two semantic traditions converging in it, and transforms the sense of old contents.
The first of these traditions (which still remain) refers to the concept of structure, an organic connection which maintains united the social and political body, and expresses a temporality law conception, which indicates its validity. The second tradition originates in Roman law and mainly refers to the existence of written texts.
In this convergence, the figure of the agreement is a key issue, because it establishes the political power legitimacy, the exercise of force and the ways of delimitation. In this way the Constitution is a legal text which describes political issues, refers in a legal way to political problems, and states political order as itself.
The contribution of Derrida is essential to face a deconstructive approach in theoretical, practical, ethical-political, and legal decisions |
