El poder constituyente como categoría sociopolítica

The present article of reflection presents a critical perspective of the constitutional power understood in a restrictively legal manner. The hegemonic theory of contemporary law holds that this concept has no relevance to legal science; its political material dimension is not recognized and therefore any real relationbetween the law and the political is discarded. Our purpose is to justify its constitutive and potential character, in order to recognize its political and emancipatory dimension. For this purpose we will reconstruct a notion of constituent power as a critical key and we will explain its importance for the Latin American decolonial turn and the realization of constitutionalism from below (from social movements and peripheral subaltern cultures).