Social Constitutionalism: Mexico and Venezuela in the Process of Legal Transformation

Abstract

The Constitution of Mexico – enacted on February 5, 1917 – contains the fundamental elements of social constitutionalism based on the law of the Nation and the people, which interact with individual rights. It was the first basic law to implement secondgeneration rights. By contrast, Venezuela’s constitution – as amended on December 30, 1999. – also contains new elements of social constitutionalism, which was based on strong democratic legitimacy. What is the genesis of social constitutionalism and what challenges does this paradigm face in contemporary Mexico and Venezuela? The research method includes comparative‑ historical analysis and analysis of source texts.

The conclusion states that the genesis of Mexican constitutionalism was a profound need to counteract social exclusion built up since the colonial period – from the 16th century and after Mexico’s independence in the 19th century. Despite the changes, the Mexican system continues to adapt the system of human rights protection by new registers of law transformation. With regard to Venezuelan constitutionalism, the genesis of the Constituency and the enactment of the 1999 Constitution was the need to counter exclusion and social inequality, which also stemmed from the colonial period.

Today, the challenge for the system is to stand up to the authoritarian urges of the executive. The debate over social constitutionalism in the first half of the 20th century brought revolutionary changes to the discourse with regard to the right to property, the right to education, while the Venezuelan constitution of the late 20th century represented a new opening for shaping the paradigm of social rights, which are constantly undergoing transformation.