Resumo

PASQUINO, Pasquale. Voto y sentencias: democracia y derechos. Postdata [online]. 2004, n.10, pp.57-72. ISSN 1851-9601.

In a democracy the vote, as a conflict resolution mechanism, presupposes that citizens recognize each other as equals and that they be conscious that their destiny and fate are shared. To complete the democratic vote there exists a third judge: to qualify as such, a state conforming to the rule of law cannot cease to utilize elective-representative institutions nor institutions of jurisdiction. The article suggests some arguments that justify the necessarily mixed character of the constitutional regimes, reflecting the intrinsic limits of the decisionmaking mechanism through the vote. These limits constitute one of the most important reasons for the constitutional control given to courts.

Palavras-chave : Democracy; Rights; Vote; Sentence; Conflict resolution.