Democratic state of Law
Keywords:
state of law, democratic state of law, constitutional state, law, power, popular sovereignty, human rights, legal security, rule of lawAbstract
This article concerning the democratic state of law defends the main ideas of Elias Díaz who has developed an analytical and normative structure for framing this concept. Its aim is to answer this question: which is the most adequate theory of the democratic state of law that helps to solve the tension between popular sovereignty, human rights and rule of law? The answer demands to take into account some explicative and justificative reasons related to the effectiveness of a culture of lawfulness which is aware of power and law relationships. The critical comments on Elías Díaz’ famous work “Estado de Derecho y sociedad democrática” published by Francisco Laporta, Manuel Atienza and Liborio Hierro are also analyzed. This article is centered on the recent developments of the Spanish philosophy of law.
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Eunomía. Revista en Cultura de la Legalidad is a duly registered journal, with EISSN 2253-6655.
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