El constitucionalismo social: una década de fragmentos constitucionales

The entry provides a comprehensive outline and systematisation of societal constitutionalism (SC), one of the main frameworks in contemporary legal theory to analyse the emergence of constitutional phenomena, especially beyond state legal orders. After an introduction in section 1, section 2 explains SC’s analytical limb, which on the one hand de-constructs some tenets of traditional state-centred constitutionalism (2.1); and on the other hand individuates the functions, arenas, processes, and structures for a system to be constitutionalised (2.2). Section 3 turns to SC’s normative limb, pointing to some legal policy proposals, aimed in particular at the increase of social systems’ capacities of self-limitation (3.1); and at the development of a new law of inter-systemic collisions (3.2). Section 4 finally addresses some competing approaches and criticisms, especially those coming from the proponents of state-centred constitutionalism (4.1); of internation-al/global constitutionalism (4.2); and of contestatory/material constitutionalism (4.3).