CONSTITUCIONALISMO Y GARANTISMO: UNA RELACIÓN DIFÍCIL

Abstract

This article analyzes the relationship between Warrantism and Constitutionalism, and simultaneously between the institutional and political models called “Constitutional State” and that very model in its warrantistic version. The relationship is fragile due to the social oversizing of constitutions proposed by warrantists, which would entail three hazards: first, an increase in state empowerment and functions, which could easily lead to a strong statism, not compatible with respect for individuality and social spontaneity; secondly, the material and detailed character of the warrantist constitutions makes democracy and politics unnecessary, and lastly, the attempt to constitutionalize what are but mere ideological stances threatens to turn a constitution into a partial, sectarian, political tool far from the open and plural constitutional model which inspired the “Constitutional State”.