Constitutional court: between freedom and restriction

Abstract

Is known the tension that generates the existence of institutions that underpin their power in different sources of legitimacy: in one side are the politic organs (Govern and Congress) as entities that derive their legitimacy from democratic majorities; and in the other side, is the jurisdiction, which is not elected directly by the people and that at the same time controls the possible passions of this one (the people). In front of the resurrection of conservative thesis, it is necessary a historic and legal study about the foundation of the constitutional jurisdiction and the Constitutional Court –as an integral part of the jurisdiction–, because of the constants questions that are made, we try to analyze if it is possible preach the existence of democracy without the presence of this institute into the organic panorama of the State of Law.