Constitutional history: some methodological reflections

Abstract

In this article Constitutional History is defined as a branch of History with a clearly legal content, which explores the origin and development of the Liberal and Democratic-Liberal State, using an axiological concept of Constitution. Based on this definition, the study addresses some of the problems inherent in the historical study of laws and institutions, particularly with respect to doctrines and constitutional concepts. It should be stressed that an interpretation of past doctrines and concepts from a present-day perspective is not required, although the categories defined by onstitutional theory must be taken into account. With the above-mentioned objective, the study draws from examples of comparative constitutional history; a field which the author has been studying for the last 35 years.