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Sumary
To reflect on constitutional right is to necessarily (re)think constitutionalism and democracy. Democracy as a sovereign government of the people insides in itself a friction against the constitutionalism understood as a priority of the law, of the Constitution. Hence, it is important to note that the relationship between constitutionalism and democracy refers to one that is at its base, that is, sovereignty and constituent power. If, on the one hand, the constituent power is expressed as absolute power, immanent, primary source of Law's organization, on the other hand, it establishes the rules that will limit this same omnipotent power. Thus, constitutionalism is shown as limiting the expansion force of popular sovereignty embedded in democracy. The Constitution only acquires a perennial meaning when it is in a democratic environment and democracy can only take place if settled and protected by the Constitution. |
