Abstract

LEIVA-RAMIREZ, Eric; GUILLERMO-JIMENEZ, William  and  MENESES-QUINTANA, Orlando. The Bill of Rights of the Constitution of 1991 as result of a constitutional deliberative process. Rev. Derecho Estado [online]. 2019, n.42, pp.149-180. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n42.06.

The construction process of the Political Constitution of 1991 was a political response to complex social phenomena such as drug trafficking, political persecution social movements, and excessive use of the "state of siege". This led to various social movements seen in the structuring of a new political agreement a legitimate way to establish a democratic paradigm that will ensure respect for fundamental rights and the inclusion of democratic principles that would underpin the Rule of law on the recognition and respect of human dignity through a Bill of Rights that would fulfill the role of binding contractual clauses for political actors who participated in the 1991 constituent deliberative process. This document addresses the factual assumptions that led to the issuance of the Political Constitution of 1991 as a deliberative democratic process, and the political foundations used to justify its creation, especially the concept of primary constituent; and the reasons that led to giving the normative character to the consecration of a bill of rights in the constitutional norm. To do this, the doctrine will be initially explained by the deliberative process; Subsequently, the facts that preceded the convocation to an Asamblea Nacional Constituyente for the modification and subsequent repeal of the National Constitution of 1886 will be briefly explained to finally expose the role sought by the primary constituent of 1991 with the consecration of a minimum of fundamental rights according to the jurisprudence elaborated by the Constitutional Court.

Keywords : Constituent power; deliberative process; Bill of Human Rights; human dignity; social pact..

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