The modus vivendi versus global constitutionalism

Abstract

Socially organized human beings give up freedom to a small group of people in exchange for security and well-being. The power that this elite exercises often transcends the geographical limits of the habitat of its community, an expansionism that has been motivated not only by the struggle for survival, but also by excessive ambition. Throughout the world, history has recorded the expansionism of the power of the dominant elites, which has constituted empires that often covered vast geographical territories and dominion over millions of people. Serving for this purpose, murderous weapons, and religion itself. The study analyzes generically in this legal research, from a legal axiological way, the historical weight of the international treaties signed by the Vatican (Holy See), in Latin America, and specifically, with the Republic of Ecuador, to which light of the 2008 Constitution, in the construction and establishment of global power, and how Global Constitutionalism can be its counterweight. The research method is legal axiological and legal historical. The approach is mixed, contextualizing the dynamism of the global, legal-political power that the “Holy See” has exercised; and from a legal sociological analysis, I investigate the necessary counterweight to the global power that religion exercises, proposing Global Constitutionalism.