constitutioconstitutus

Constitutioconstitutus is a term used in political and legal theory to refer to the self-constituting nature of a constitution—the idea that the authority of the constitutional order is founded by a founding act that itself constitutes the rules and institutions that govern the state. The term combines Latin roots constitutio (constitution) and constitutus (established, constituted). In this framing, a constitution is not merely a set of customary practices or imposed rules but is created by an act of founding legitimacy that establishes both the legal framework and the authority to govern.

Usage and significance of the concept are primarily theoretical, appearing in discussions about constitutional moments, legitimacy, and the relationship between foundational acts and the ongoing legal order. It emphasizes questions about the source of constitutional authority, the self-understanding of the political community, and how the conditions for altering the fundamental order are tied to the original act of constitution.

Key features associated with the idea include a founding act that grants legitimacy to the constitutional framework, a self-authored or self-authenticating basis for authority, a defined set of fundamental institutions and rights, and explicit amendment procedures that reflect the logic of the original act. The concept often engages with debates about rigidity versus adaptability and the role of popular sovereignty in legitimizing foundational changes.

Critics argue that constitutioconstitutus can romanticize founding moments, potentially overstating the authority of a single act while underplaying ongoing democratic legitimacy and political evolution. See also constitutional theory, founding moment, self-authentication, popular sovereignty, amendment procedure.