The Historical Contextualization of the Ideal-Types of Modern Constitution
The Historical Contextualization of the Ideal-Types of Modern Constitution

Summary/Abstract: The object of this study is the historical contextualization of the modern constitution. Its stake is primarily methodological. When we operate a historical contextualization of an object of normative study, this contextualization should not be confused with a ‹‹ concretization ››, which would situate the analysis in its field ‹‹ what it is ››, but, on the contrary, it means maintaining the analysis in its field ‹‹ what it must be ››, « building » a context. Thus viewed, the historical contextualization of law does not mean the objective analysis of the history of legal systems, but the construction, through utopian rationalization, of an « analytical grid », which we can apply retrospectively and prescriptively to the history of law, to (re) construct the context of imposing a legal ideal-type. The use of the ideal-type represents a paradigm shift because it is not considered a fixed framework of evaluation, but an evolutionary process. The process has begun to transcend the constitution of feudal societies and remains necessary as long as the constitutions of contemporary societies must separate themselves from it. From the application of this methodology results a type-ideal constitution that organizes a power that has several defining features: it is extra-patrimonial, anti-senior, political, institutionalized, civil, temporal, centralizing and ensures the arbitration between various social forces. The analysis of these characters reveals the second stake of the study: determining the extent to which it is necessary to maintain the legal reality within the framework prescribed by the ideal-type of the modern constitution.

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