Constituir Consultando. Tradición y ruptura en la apertura de los procesos constituyentes hispanos

The subject of this work deals with an aspect of thebeginnings of the constituent processes in the Hispanic world,which has to do with the writing of constitutional texts. Theanalysis of some constitutional experiences of the Hispanicworld shows the survival of some traditional conceptions on thelawmaking. The constituent bodies, moved by a consultativedynamic, sought advice not only from a plurality of corporationsand authorities (Universities, Courts, Councils, Juntas, Bishops),but also, from the wise people of the Monarchy, to which theyrequested to contribute actively in the constituent task. But inaddition, the practices from the traditional institutions ofgovernment of the Monarchy, conditioned the activities of thoseconstituent bodies. In conclusion, in the first constitutionalculture of the Hispanic world the writing of the constitution wasconceived more as the result of a legal debate, than theaccomplishment of a project of transformation of its respectivepolitical societies.