Keywords
Modern Constitucionalism
Democracy
Fundamental Rights
Constitutional Law
Civil Rights
How to Cite
Abstract
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.
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