THE JUDICIAL PROTECTION OF FUNDAMENTAL RIGHTS: A DEMOCRATIC PROPOSAL

A matter of crucial importance to the constitutional rule of law is the judicial protection of fundamental rights. Despite this, the literature has not written much on the subject. What is proposed in the following paper is that the idea of judicial guarantee is not only crucial to the effectiveness of fundamental rights, but also that through the judicial praxis is going to give form and content thereof. Therefore, you should take special care in its institutional design so that the process of constitutional adjudication is least harmful to the democratic principle. This is not trivial, as this is the other source of legitimacy resorting to contemporary constitutions.