Manuel García Pelayo: defending the Constitution.

Abstract

García Pelayo presents the Social State as today´s most adequate political framework to create the best conditions for social life. Based on this premise, this author conceives an inter-connected political-constitutional theory. The Constitution is what gives legitimacy to social life, guaranteeing both collective and individual rights. It also operates a necessary enhancement of the democratic system, provides the most adequate legal framework for the convergence of the common interest and functions as a project for the political life a people. It allows various actors to have access to the political process and go beyond the dialectical disposition of forces operating in both State and society. Garcia Pelayo´s theory is syncretic. It unites pragmatism and constitutional history and leaves room for legal, political and sociological interpretations. It thus justifies the functional character of the Constitution, which must be a true fundamental norm. Constitutional pragmatism legitimates legislation of necessity, appealing to the incapacity of Parliaments to respond to the challenges of reality and to the fact that society callas for legislative responses that are both functional and technical.