Abstract

BREWER CARIAS, Allan R.. NEW CONSTITUTIONAL LAW TRENDS: THE RECOGNITION OF THE RIGHT TO THE CONSTITUTION AND THE RIGHT TO DEMOCRACY. Vniversitas [online]. 2009, n.119, pp.93-111. ISSN 0041-9060.

Since the begining of Modern Constitutionalism in the 19th century, among the essential elements that derived from the North American and French Revolutions and conditioned the conception of the Modern State, are the idea of the Constitution as superior law product of the popular sovereignty that prevails over any other State act; and the idea that the government, also product of the popular will, must be established following a representative an democratic political regime. The development of these elements in contemporary World has given rise to new tendencies in Constitutional Law allowing to identity such elements, in addition and in them selfs, as constitutional rights of the citizens. In such framework, this essay is a reflection precisely devoted to identify and define, the right to the Constitution, and the right to democracy, as fundamental rights of constitutional rank within the internal order of Latin American Countries.

Keywords : Constitution; Modern Constitucionalism; Democracy; Fundamental Rights; Constitutional Law; Democracy; Civil Rights.

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