From changing the constitution to the change of constitution: the convenience of amending title X before initiating any constitutional reform process

Abstract

The majority doctrine holds that title X of the Spanish Constitution of 1978 or, at least, its article 168 would be part of those matters which, in fact, can only be subject to aggravated procedure, when the precept, meridian way, places it outside the walls of the list of matters whose reform must be operated by the aggravated way. As a priority before the possible opening of any process of constitutional reform, in this work it's proposed the shielding of article 168 be addressed in order to prevent the «Trojan horse» that would mean its simple modification by article 167. And in order to avoid that, under the appearance of making a change at the Constitution, a change of Constitution takes place, numerous examples of how it is feasible to transform a political model by another opposite using existing legal mechanisms.