Constitucionales

Constitucionales is the plural form of constitucional in Spanish, used to describe items related to the constitution or to constitutional law. In legal and political discourse, it covers normas constitucionales, derechos constitucionales and instituciones constitucionales. The term is central to the idea of constitucionalismo, the principle that political power is derived from and limited by a constitution.

Constitutional norms typically establish the structure of government, define the powers and competences of state organs, regulate elections, and protect fundamental rights. They are generally considered the supreme norm in a legal system and prevail over ordinary laws through mechanisms of control de constitucionalidad or revisión constitucional. The rights protected by such norms are often referred to as derechos constitucionales, including guarantees such as due process, freedom of expression, and equality before the law.

Judicial review is the process by which constitucionales are applied to assess statutes and administrative acts. This review can be carried out by a dedicated constitutional court or by a supreme or high court with jurisdiction over constitutional matters. Jurists interpret constitucional provisions using various methods, from textual and historical approaches to more dynamic, living-constitutional interpretations that adapt to social change.

Legal systems differ in how they organize constitutional review. Some rely on abstract review by a constitutional tribunal, while others grant rights to challenge laws and executive actions through concrete cases in a general court system. Across jurisdictions, the balance between protecting constitutional rights and preserving legislative flexibility remains a central issue in the enforcement and evolution of constitucionales.