LA INFLUENCIA DEL CONSTITUCIONALISMO ESPAÑOL EN LA REFORMA CONSTITUCIONAL...

The crisis of representation that stalks us from one side of the Atlantic to the other makes us long for those years but also to value in historical perspective the great value of that constitutional process and the legal solidity with which it was built. The slogan of the "they do not represen...

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Autor principal: Dalla Vía, Alberto Ricardo
Formato: Artículo updatedVersion
Lenguaje:Español
Publicado: Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones 2019
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Acceso en línea:http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=juridica&cl=CL1&d=HWA_3843
https://repositoriouba.sisbi.uba.ar/gsdl/collect/juridica/index/assoc/HWA_3843.dir/3843.PDF
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Sumario:The crisis of representation that stalks us from one side of the Atlantic to the other makes us long for those years but also to value in historical perspective the great value of that constitutional process and the legal solidity with which it was built. The slogan of the "they do not represent us" of the "outraged" in the Puerta del Sol resembled the "let all go" of our 2001 crisis. The Cádiz Constitution of 1812 deepens the bonds of our constitutional roots. Ours are more American than European, however, we also pay tribute to that experience, especially in the great work of the Assembly of the year XIII. In the comparison between that brief experience, limited to the restoration of the monarchy of Fernando VII after the defeat of Napoleon in Waterloo and the "liberal triennium" that followed the Riego uprising, the Constitution of Cádiz appears as an attempt that did not reach the levels of consensus needed for the different separations between liberals, monarchists and Frenchmen. Something very different from what happened with the successful experience of 1978 that ensured decades of high consensus and legitimacy under the design of the parliamentary monarchy, hence it is not limited to remembering its virtues but to offer intelligent proposals to extract the maximum benefit from it in favor of living together.