Constitutional justice and democracy
Colombia, Ecuador and Venezuela cases
DOI:
https://doi.org/10.59654/r22r6r46Keywords:
Formal democracy, constitutional democracy, democratic legitimacyAbstract
After the II World War, most of the european democracies enforced a model of hard constitution with a system of courts that rule his prevalence over the rest of the law ordinance, that doctrine has called “constitutional democracy”; furthermore, judges who rules the prevalence of the constitution have gotten a great importance in the creation of law, which have risen concernings about his democractic legitimacy for, because it apparently contradicts democratic regime. This paper is about analize that situation and establish that there is not contradiction at all.
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