CONICET | Buscador de Institutos y Recursos Humanos

The ideas I present in this paper are connected to two fundamental issues. The first one relates to those constitutive rules which set up the supreme authorities of a legal order. The second issue concerns the possibility of distinguishing different models of legal orders according to the kind of ultimate constitutive rules that are accepted in a given society. In this regard, I will concentrate myself on two traits of every legal order. The first trait is the fact that legal orders are necessarily dynamic. The second one is that the conditions to validly create, eliminate or substitute a legal norm are established by the legal order itself. I use the expression "validity criteria" to refer to the norms establishing the conditions which have to be satisfied in order to produce a valid change in the legal order. Regarding this point, it is important to see that every legal order necessarily has a set of ultimate validity criteria or meta-norms that define the "ultimate or supreme legislative authorities" of the order. The identity and continuity of the legal order depends on the identity and continuity of these ultimate or basic meta-norms laying behind the ultimate or supreme legislative authority. The analysis of these rules will allow to show different kinds of constitutional authority.

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