THE LATENT CONSTITUTIONAL THEORY IN THE POLITICS OF LIBERATION:

AN IMMANENT RECONSTRUCTION FROM ENRIQUE DUSSEL

Abstract

This article proposes the reconstruction of a Theory of the Constitution based on the work of Enrique Dussel, through the identification and articulation of conceptual fragments present in the Politics of Liberation. It adopts a theoretical-conceptual approach grounded in immanent reconstruction, with emphasis on the categories of potentia, potestas, and the system of rights. It argues that the constitution does not create sovereignty but formalizes it, by institutionalizing the power of the political community and organizing collective life. The article shows that rights, rooted in the production and reproduction of life, express the historicity and self-determination of the community, while also revealing a productive tension between the local and the universal. The relationship between potentia and potestas grounds the possibility of critique and transformation of the normative order, allowing the constitution to be understood as a historical mediation of political life. The article contributes to constitutional theory by making explicit internal material criteria of validity and legitimacy, linked to concrete conditions of existence.