THE CONSTITUTION AND THE POLITICAL POWER

Abstract

The modern Constitution was responsible for the reformulation of the concept of sovereignty and its limitation, notably because of the institution of fundamental rights as limits to the political power of the State. Thus, from the critical hermeneutic method and from a qualitative perspective, of a revisionist nature in the literature that deals on the theoretical level of the amplification of the importance of fundamental rights, the present article aims at demonstrating how the limitation of political power passes through the identification of constitutional limits to the power of the State, from the complex chain preceding its constitution and its constituted projection, as well as the limiting effects that the referred class of rights establishes on the level of sovereignty in the current context that recognizes fundamental rights transcendent to the classic national constitutional conception. Such task, however, is complex in contemporary society, especially when it comes to limit constituent and constituted powers, and presents itself as a fundamental task of modern constitutionalism pari passu with the International Human Rights Law.