Abstract

DURANGO ALVAREZ, Gerardo A.. Conceptual approaches to constitutional democracy and to fundamental rights in L. Ferrajoli's Theory. Opin. jurid. [online]. 2007, vol.6, n.12, pp.165-185. ISSN 1692-2530.

The main objective of this rehearsal is to approach to the concept of constitutional democracy and the fundamental rights from the theoretical proposal of L. Ferrajoli. For this author the fundamental rights have modified in one way or another the positions sketched by the liberal theory about the equality and the freedom; they have imposed obligations and prohibitions to the power substantial -dimension of the democracy associated to the sphere of the unspeakable thing-. Such theorical positions on the fundamental rights are important, all the time that you/they have served as critic so that the modern constitutions introduce like the loaded leoding of the political, democratic and juridical conceptions, the dimension of the fundamental rights as guarantees.

Keywords : Constitutional democracy; formal and material democracy; Ferrajoli; Habermas; rights; primary and secondary guarantees; strict legality; formal and substantial; legality guarantees.

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