The fundamental rights and the democracy concept
DOI:
https://doi.org/10.18316/2318-8081.16.11Keywords:
Concept, Conflict, Democracy, Fundamental Rights.Abstract
The proposed study aims to verify the consistency of nowadays constitutionalist theory regarding the existence, in democracy’s theoretical-conceptual fundament, of the affirmation that it contemplates a substantial content of fundamental rights. Aiming to do so, it’s been succinctly built a democracy concept, making it to be one with the conceptual dualism proposed by nowadays constitutionalism, formal and substantial democracy. Following that, it’s been verified, hypothetical-deductively, that the premise used by the fundamental rights theory, in this democratic insertion, provides some level of inconsistency in the State’s organization, especially regarding the democratic administration of rights and the legitimacy of the constitutional courts.
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