UNIVERSIDAD PANAMERICANA

FACULTAD DE DERECHO

PART I. THE BEGINNING.

SESSION 1. THE ANCIENT AND MEDIEVAL CONSTITUTIONS.

The Ancient Constitution

Reference Maurizio Fioravanti, Constitución. De la Antigüedad a nuestros días, Ed. Trotta,
Madrid, p. 15-31 (2007).

Context Ancient Greece (480-323 BC). Greek society was basically organized in three
groups with differentiated functions that resulted in three different forms of
government:
1. Monarchy: The royal element meant to govern (authority signal: power).
2. Aristocracy: The aristocrat element meant to generate and manage
wealth (authority signal: wealth and position).
3. Democracy: The democratic element meant to satisfy their basic needs
and participate in the public sphere (authority signal: popular support).
The key of political and social stability was based upon maintaining an
equilibrium, a balance between these three elements.

Premise Maritime trade brought disruption within the Greek polity and triggered tensions
between the three traditional strata of society (social conflict), creating a bipolar
reality: rich and poor, haves and have-nots. This tension was of that magnitude
and incapable of being solved by existing institutions and procedures, that
resulted in what the Greeks defined as stasis.

Basic concepts Therefore, the main goal was to restore the former ideal of political union, the so-
called politeia, or the legacy of usages and practices that fostered social unity and
peace, fostered by past generations, and known as patrios politeia. These two
notions framed the first ideal of a constitution.

Thesis To prevent social conflict, it is necessary to promote the existence of a growing

middle class, with enough possessions not to envy more, nor to aspire to
accumulate more wealth since they are satisfied with their existing possessions.
This eventually will maximize moderation as a civic virtue and will serve as a
basis for the so-called middle constitution, in which all members of society
recognize equal conditions of others based upon the basic premise of moderating
their respective expectations.

Successful experiences The so-called Middle Constitution of Solon of Athens. Solon was wise enough
not to choose a side between the conflicting factions of poor and rich. To the
contrary, he was able to promote laws aiming at oppressing debt relief for the
poor and denying at the same time the increasing demands of land expropriation
of the rich. With this, Solon embodied the ideal of the middle constitution in
which no faction was above the others and the ruler did not favor any of them,
treating each with fairness and impartiality.

Outcomes This basic framework articulated the idea of the middle constitutional as an
aspiration, an ideal, and evolved into the Roman Republic as the so-called res
publica and the constitution, creating three basic centers of power that reflected
Full-Immersion Program Constitutional Theory
Spring Term 2023 Mr. Olaiz-
González
 UNIVERSIDAD PANAMERICANA

FACULTAD DE DERECHO

the three elements of society:

i. The royal element represented by the Consulates, elected by the Senate.
ii. The aristocratic element represented by the Senate; and
iii. The democratic element represented by the Assemblies or Comitia.

The Medieval Constitution

Reference Maurizio Fioravanti, Constitución. De la Antigüedad a nuestros días, Ed. Trotta,
Madrid, p. 33-70 (2007).

Context
Premise
Basic concepts
Thesis
Successful experiences
Outcomes

Full-Immersion Program Constitutional Theory

Spring Term 2023 Mr. Olaiz-
González