Constituinto

Constituinto is a term used in political theory and constitutional law to denote the act, instrument, or process through which a constitution is created and legitimized within a political community. The term is a neologism and is not universally standardized, but appears in scholarship to distinguish the foundational act from subsequent amendments and interpretations.

Etymology: Constituinto blends the Latin root constitut-, meaning to set up or establish, with a suffix that evokes instruments or processes. The coinage signals both material documents (the written constitution) and the formal procedures that instantiate constitutional authority.

Usage and scope: In discussions of constituinto, attention is given to three related dimensions: the formal instrument (the written or enacted constitution), the constitutional-making process (drafting, ratification, deliberation), and the normative legitimacy that underpins a constitutional order. The concept emphasizes how legitimacy flows from both the text and the procedure by which it is adopted.

Context and examples: The term is most often used in comparative or transitional contexts, where new constitutional orders emerge through constituinto-like processes such as constitutional assemblies, referendums, or negotiated settlements. It is distinct from, yet closely related to, notions of constitutional design and constitutionalism.

See also: Constitution, constitutional law, constitution-making, constitutionalism, legitimacy.