PODER CONSTITUYENTE IRREGULAR: LOS LíMITES METAJURíDICOS DEL PODER CONSTITUYENTE ORIGINARIO

the classical subject of the metalegal limits is reframed that according to the constitucionalism and the political theory, more than the express text of a cons-titution, within the framewok exists the democratic original constituent power of the process of economic and legal globalization. according to the author, the globalization of the fundamental rights, the inherent principies to the democracy, and of the ius cogens, as well as the multiculturalization of the state-nation, establish new limits to the original constituent power, so that only can be spoken of irregulary of itself, when it violates those limits. it doesn't genérate dictatorship of the majority and it tends to be confused with the idea of direct democracy.