Abstract

RENTERIA DIAZ, Adrián. Constitution and Democracy: Limits and Linkages?. CONfines relacion. internaci. ciencia política [online]. 2007, vol.3, n.6, pp.11-26. ISSN 1870-3569.

There has been a process of change in the notion of constitutionalism since the middle of the 20th century, setting itself apart from its previous conceptualization which was distinguished by its stiffness and the existence of an organ responsible of surveilling the supremacy of the Constitution above the law. Using this affirmation as a starting point, the author examines the ways in which the neo-constitutionalism and the 19th-century constitutionalism theorized the concepts of constitution and democracy. The aim of this analysis is to demonstrate that the concept of formal democracy -as a method to take public decisions on the basis of the majority principle-has exhausted its heuristic capacity in neo-constitutionalism. According to the author, the use of such concept generates an indissoluble tension between constitution and democracy. Thus, based on the work of Luigi Ferrajoli, the author proposes a radical review of the concept of democracy that incorporates substantial aspects and takes into account the reality of the current normative systems.

Keywords : democracy; constitution; neo-constitutionalism; legislator; constitutional judge.

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