Abstract

MILLARD, Eric. L'État de droit, ideologie contemporaine de la democratie. Bol. Mex. Der. Comp. [online]. 2004, vol.37, n.109, pp.111-140. ISSN 2448-4873.

In this article, the author makes a critique of the commonly held opinion according to which the notion of "Estado de derecho" is a guarantee of democracy and human rights. In his analysis, he examines the relation between such notion and the concept of democracy. He makes a historical review of the concept of "Estado de derecho" and analyses the different meanings of the concept of democracy, as well as its links with the concept of sovereignty. In the author's opinion, the reference to the "Estado de derecho" has hidden the fact that the essential matter is in the political definition of democracy, which is the real power behind the State.

Keywords : rule of law; democracy; sovereignty; legitimacy.

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