Rethinking Constitutional Democracy

The consolidation of the modern state was due to revolutionary movements that affirmed individual freedom and equality before the law. In addition to the values of the Enlightenment, manifested in the French Revolution, others with a less individualistic reach were affirmed. Democracy came to impose itself as the best form of exercise of the political power. The rule of law came to be conceived as democratic and constitutional, in view of the unavoidable demand for a fundamental law, the Constitution. However, the Constitution is not exhausted in its linguistic expression, but embodied in concrete contents subject to circumstantial changes, which occur despite the inalterability of the text. Hence, it is important to highlight the role of constitutional hermeneutics. With a constitutional democracy horizon, a critical analysis of methodological conceptions is carried out, which are confronted with the reality of the democracies existing in emerging economies.