Constitución y democracia. ¿Límites y vínculos?

Díaz, Adrián Rentería
August 2007
CONfines de Relaciones Internacionales y Ciencia Política;ago-dic2007, Vol. 4 Issue 6, p11
Academic Journal
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.


Related Articles

  • O garantismo de Luigi Ferrajoli. Ippolito, Dario // Revista de Estudos Constitucionais, Hermen�utica e Teoria do D;2011, Vol. 3 Issue 1, p34 

    In the last two centuries, several meanings have been associated with the word "guarantism", linking it with the demand for welfare, constitutional guardianship of fundamental freedoms and z limitation of the state's punitive power. Penal "guarantism", forged in the legal culture of the...

  • Ferrajoli's Argument for Structural Entrenchment. Ferrara, Alessandro // Res Publica (13564765);Nov2011, Vol. 17 Issue 4, p377 

    This paper engages with Ferrajoli's contribution to the philosophical debate on constitutional democracy and in particular his conception of 'structural entrenchment', or the basis upon which one can defend the normativity of the Constitution as 'higher law', which can trump or limit...

  • Dos versiones del constitucionalismo. Rodríguez, Manuel Atienza // Revista de Estudos Constitucionais, Hermenêutica e Teoria do Di;2012, Vol. 4 Issue 1, p29 

    This article presents the author's critique of how Luigi Ferrajoli has characterized the thought of non-positivist constitutionalist authors, addressing various aspects of Ferrajoli's doctrine in relation to them.

  • O PARADIGMA CONSTITUCIONAL GARANTISTA EM LUIGI FERRAJOLI: A EVOLUÇÃO DO CONSTITUCIONALISMO POLÍTICO PARA O CONSTITUCIONALISMO JURÍDICO. Copetti Neto, Alfredo; Fischer, Ricardo Santi // Revista de Direitos Fundamentais & Democracia;jul-dez2013, Vol. 14 Issue 14, p409 

    the work intends to contextualize the development of modern State and modern constitutionalism, approaching its concepts and historic deployments, reflected in the liberal and social experiences to the institution of rights. Moreover, it analyses the aspects that conform the experience of the...

  • Constitutionalism Out of a Positivist Mind Cast: The Garantismo Way. Chiassoni, Pierluigi // Res Publica (13564765);Nov2011, Vol. 17 Issue 4, p327 

    Among contemporary forms of constitutionalism, Luigi Ferrajoli's Garantismo may be considered as the rather unfashionable attempt to build up a comprehensive and multi-layered theory, which still takes seriously the positivist heritage. This paper offers, in brief outline, a synthetic view of...

  • LA VERDAD Y LA JUSTICIA PREMIAL EN EL PROCESO PENAL COLOMBIANO. Manco López, Yeison // Estudios de Derecho;2012, Vol. 69 Issue 153, p187 

    The reward justice is a model that brakes in Colombia and has antecedents in the figure of U.S the plea bargaining. In the reward justice finds two discourses about the truth in the penal law that inscribes in many philosophical-juridical conceptions; by one side, find the consensualism of true...

  • An Axiomatic Theory of Law. Sandro, Paolo // Res Publica (13564765);Nov2011, Vol. 17 Issue 4, p343 

    This paper presents in outline Luigi Ferrajoli's axiomatic and general theory of law, as developed in his lifelong work Principia Iuris. The first section focuses on the three main aspects of the theory: the methodological, the theoretical and the pragmatic, which respectively represent the...

  • Democratic Audit: An Inauspicious Year for Democracy. Beetham, David; Ngan, Pauline; Weir, Stuart // Parliamentary Affairs;Apr2002, Vol. 55 Issue 2, p400 

    Focuses on the constitutional democracy in Great Britain. Action of the Labour government on major constitutional reforms; Concerns over the ability of the members of the parliament to regulate their political conducts; Information on the changes in the House of commons and the reforms on the...

  • Background Note: Poland.  // Background Notes on Countries of the World: Republic of Poland;July 2004, p1 

    This article presents information about Poland. Poland has an area of 312,683 square kilometer and its capital is Warsaw. The constitution now in effect was approved by a national referendum on May 25, 1997. The constitution codifies Poland's democratic norms and establishes checks and balances...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics