CONSULTATIVE CONSTITUTIONALISM

Abstract

Th is paper presents some of the rationale for classifying Hispanic constitutionalism as “jurisdictional”. Th ese reasons have to do with the diffi culty the Cádiz powers had in freeing itself from traditional “consultative” ways of exercising power and defi ning the law. Th is diffi culty conditioned the constitutional processes in the Hispanic world, and allows us to explain the design and activity of the constituted powers in the Cádiz enterprise. The definition of bodies such as the State Council, which were intended to be “merely” advisory, endorse the argument that other institutions proceeded “consultatively” in the exercise of their political powers. It also allows us to conclude that the distinction between them and these other institutions was based on the diff erent system of responsibilities, considered as a structural element of Hispanic constitutionalism.