La modernidad liberal y el concepto de Constitución: Tergiversaciones y falsedades

Abstract

So many environment misinterpretations have been accumulated in the concept of Constitution, which is nowadays surprising to observe as even jurists, politólogos and politicians are victims of the same. The present work has such as an objective to analyse as, results of two of the big ones built fallacies in the modernity: the confusion and assimilation between concepts of representation and democracy, and concepts of legality and legitimacy, one has been produced misinterpretation of the idea of sovereignty (comes over of the popular sovereignty to the sovereignty of the right) and of Constitution, in force in the iuspublicística contemporary, that has taken to that call Constitutions, standards that from the point of view of the constitutional theory democratic, are not Constitutions but laws.