How Does Western Constitutionalism Develop and What Are Its New Challenges and Possibilities?

Abstract

This paper analyzes the historical development of Western constitutionalism, from its Greek and Roman origins to its modern consolidation, identifying its foundations, evolution, and the contemporary challenges it faces in the current global context. A qualitative and socio-critical approach is employed, based on a thematic review of academic, historical, and legal sources. It integrates normative, theoretical, and comparative analysis to examine the trajectory of constitutionalism and its adaptation to current complexities. The central question concerning justice and political organization is addressed. To develop this, a brief history of constitutionalism is presented, followed by a description of the concept of Western constitutionalism, and finally an analysis of the challenges and difficulties the model presents, reflecting on the need to rethink constitutionalism from a complex, interdisciplinary, and adaptable perspective to address emerging phenomena of the 21st century. Constitutionalism is understood as a paradigm to limit power and guarantee rights, with historical milestones such as the Magna Carta, liberal revolutions, and modern constitutions. Currently, it faces challenges such as the erosion of state sovereignty by global powers (corporations, technologies), normative rigidity, and a crisis of representativeness. A reconceptualization of constitutionalism and neoconstitutionalism from the sciences of complexity is proposed, integrating interdisciplinarity, adaptability, and new tools to respond to dynamic and multicausal realities.