CONSTITUTIONAL IDENTITY, EFFECTUAL HISTORY AND EXISTENTIAL TENSION: SCOTOSIS AND RESISTANCE OF THE PRE-CONSTITUTIONAL SUBJECT

Abstract

This article develops reflections about the formation of the constitutional identity and his endless (re)construction, highlighting the thought of Michel Rosenfeld related to critical categories of Hans-Georg Gadamer. The article also considers the permanent resistance of pre-constitutional subject to change and their preference for traditions whose preconceptions are sometimes refractory to constitutional ideals. This resistance often becomes escape from reality which reveals a tendency to transcendence and alienation from the values of constitutionalism. This reality leakage phenomenon will be treated according to the thought of Bernard Lonergan , which he called scotosis. The main objective of the article is to demonstrate how the pre-constitutional cultural resistance manifests itself to the development of the constitutional subject, explaining some forms of resistance. The article will be developed according to the dialectical method based on the use of critical-analytical categories developed by different authors, who will dialogue to form the critical premises that one wishes to construct.