Openness and resistance are essential keywords to understanding the nature of the so-called post-totalitarian constitutionalism.1 It is possible to find this element in many constitutions ‘born from the Resistance’,2 which have been the product of a political compromise among very different democratic forces that had rejection of totalitarian experiences as their only common point. These constitutions are characterised by a strong programmatic character, inspired by the sincere denial of the features of the previous regime and by the need for an entirely different society. By ‘constitutions born from the Resistance’, Mortati also referred to other texts such as, for instance, the French (IV Republic) and the German constitutions. As Carrozza more recently noticed, today we could include within this group the Portuguese, Spanish and Greek constitutions that were promulgated during the 1970s.3