Restrepo Ricardo Sanin
The modern constitutional state is trapped in a fundamental paradox, the tension between democracy and rule of law, or in other words between legitimacy and validity, or if you prefer the political subject of creativity and order and permanence of the rule of law as constituted power. The pressing issues are then whether democracy defines the legal or is the legal system that defines democracy is the people the author of the constitution, unthinkable as it is the people "to be" independent within the legal system or on the contrary it is the people's condition of existence of law.
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