The article explores the tense and complex relationships between Politics and Constitution, from the famous discussion about democracy and constitutionalism, through the paradoxes of the juridical formalism of Constitutional Law, the Political Law par excellence. The exclusively juridical method of Public Law was contested in the Weimar Republic debate on the new Theory of Constitution, which strove for include the Political in the constitutional analysis. In the second Post-war period, the debate has oscillated between Substantive and Procedural theories of the Constitution, both striving for conducting Politics or excluding it from the Constitution. This trend culminates in the Constitutional Courts and the empting of the debate about politics and legitimacy in contemporary Constitutional Law, which needs, according to the author, the "return to Politics" to get out of its present deadlock.
Democracy; constitutionalism; juridical formalism and politics