Abstract

MORA SIFUENTES, Francisco M.. Ideas of liberty and models of constitutional rights: An approach. Cuest. Const. [online]. 2013, n.28, pp.171-210. ISSN 1405-9193.

Contemporary constitutionalism can be understood as a formula that seeks to reconcile two basic ideas of our legal and political grammar: constitutional rights and democracy. The former tend to bind power. Are essential for individuals to enjoy a degree of autonomy. The latter is basically a decision-making method that is based in the rule of majority. However, it is unclear how these (tendentially divergent) requirements are articulated. This paper discusses two ideas of liberty and translates them to the scope of constitutional democracy. It is argued that these ideas of freedom are relevant, not only to understand constitucional rights or the institutional framework, for the type of democracy that is projected. Finally, are highlighted advantages and the risk of opting for one or another model.

Keywords : liberalism; republicanism; constitutionalism; constitutional rights; democracy.

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