Abstract

If we understand constitutionalism as the recognition that power worthy of the name must be limited by supra-cultural values independent of it, the existence of which is confirmed more by faith than by experience, then constitutionalism is coessential with democracy – assuming that the concept means a system where authority is limited by human rights, as defined in a dialogue between majorities and minorities. Constitutionalism, in the sense postulated here, determines the democratic state’s identity, which consists not only in separating the majority from the subordinate minority, but also in respect for the values that give meaning to humanity.

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