COMMUNITY CONSTITUTIONALISM: REFLECTIONS ON ARGENTINE CONSTITUTIONAL HISTORIOGRAPHY 75 YEARS AFTER THE 1949 CONSTITUTION

Abstract

75 years after the enactment of the 1949 Constitution, it is crucial to move beyond the limited analytical view that focuses solely on the linguistic interpretation of the legal text. By overcoming this limitation imposed by the predominant normativist approach in law schools, we realize that this Constitution embodies an ethos radically opposed to the oligarchic-liberal model of 1853/60, as well as to other models such as those of Weimar and Queretano that gave rise to the "social" current. Conversely, the constitutional philosophy of 1949 included the concept of "Organized Community" in its equation, alongside the free organizations of the people, the idea of social collaboration, and Christian social thought, all in harmony to realize a substantial democratic project. In line with the above, the 1949 Constitution laid the groundwork for a communitarian constitutionalism that would later find its higher phase in the Constitution of the province of Chaco in 1951, when it implemented an innovative and original model of political representation, diverging from the demo-liberal and corporate archetype. From this perspective, reconsidering our constitutional philosophy confronts us with the possibility of creating a new political-constitutional project that serves as a tool for a horizon of a Just, Free, and Sovereign Nation.