The Constitutional Filters

The tension between constitutionalism and democracy is at the heart of
contemporary legal and political debates, involving questions of sovereignty and constitutional legitimacy. These two traditions, which can be seen as antagonistic, present points of tension that can be allocated in order to allow a greater or lesser democratic deference. Thus, the central problem of this work can be summarized through the following question: what are the main points of tension between constitutionalism and democracy? In order to do so, two historical moments that contributed to the consolidation of the Modern State were revisited, the French Revolution and American Independence. Through the hypothetical deductive method, it was possible to observe that both historical episodes mentioned sedimented practices that are presented as insurmountable to think about the Modern State, representation and political institutions. It is precisely these elements that can be called constitutional filters.