Constitucional

Constitucional is an adjective used in Spanish and Portuguese to refer to anything related to a constitution, the fundamental law that defines a state's political organization, its basic rights, and the procedures for making and applying laws. The term comes from Latin constitutio, meaning arrangement or establishment.

In legal systems, constitutional law (derecho constitucional or direito constitucional) studies and interprets the framework created by the constitution. It addresses the organization of government powers, the protection of fundamental rights, and the relationship between authorities. It also provides mechanisms to challenge laws or state actions that violate constitutional provisions, such as judicial review or constitutional remedies.

Constitutional law is central in many jurisdictions, whether based on civil, common, or mixed legal traditions. In civil law systems, codes and constitutions play a prominent role and constitutional courts or supreme courts enforce compliance. In many common law countries, constitutional issues are resolved by courts through interpretation of the constitution and case law, with similar aims of guarding rights and limiting government power.

Constitutional norms can be altered through formal amendment processes or constitutional reforms, subject to procedures that vary by country. Interpretation often involves textual analysis, historical context, and jurisprudential doctrine, with schools of thought ranging from originalism to more dynamic readings of constitutional provisions.

Outside formal doctrine, 'constitucional' is used in political discourse to describe actions, policies, or reforms that are aligned with the constitution, or, conversely, debates about whether proposed changes would affect constitutional guarantees.