Abstract: The constituent power is divided between the original constituent power and the derived constituent power. Above all, we must make the difference between constituent powers and constituted powers. It is said that the original constituent power can be exercised in a legal vacuum, because the exercise of original constituent power involves the abrogation of the constitution in force. The original constituent power, after a new constitution, even it is withdraw from the exercise, it does not disappear forever. As seen, in any event, the original power remains. This power is permanent, even though it is not always practicing.

Keywords: original constituent power, derived constituent power, constituted powers