Resumen:
Constitutional justice undoubtedly represents a trade mark of contemporary European democratic landscape. Historical experience shows that constitutional courts have been emerging as institutions of democracy in statu nascendi, usually after toppling autoritarian regimes, reflecting and being justified within the prevailing concept of constitutional democracy, and protecting the constitution as a basic political formula and a set of fundamental values of the people living in a community, notably human rights and the rule of law. In the light of this historical experience, theoretical concerns pertaining to legitimacy of constitutional justice, underpinned mainly by the countermajoritarian difficulty embracing the tension between democracy and the rule of law or between popular will and constitutional limitations, which have been frequently on the constitutionalist's agenda, could only have a regulative, and not a constitutive importance. |
