On the constitutional law and its foundations (part two). Rechtsstaat and theory of the Constitution in the interwar period

Abstract

In a work about the foundations of constitutional law, rescuing the historical basis of the constitution and constitutionalism, the author states that in the teaching and study of the subject, the Constitutionalist must make an effort to attract the attention of the student on following: a) What is the meaning of the Constitution as a political norm in which the aggregate of ideas and conceptions of an order of democratic coe­xistence are present. b) What differentiates, formally and materially, the Constitution from the rest of the norms that integrate the legal system and, last but not least, c) What are the techniques by which the influence that the Constitution should exert is pursued on the legal system, in its dynamics of effective functioning.