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The judicial review as an assecuratory mechanism of fundamental rights in the l...

This article seeks to examine the conception of fundamental rights according to the Communitarian Theory and the existing risks due to its use, above all, by the lack of democratic legitimacy. Then, in the light of Habermas' Discourse Theory, it will be demonstrated how fundamental rights must be faced in order to achieve greater democratic legitimacy. After establishing these bases, the control of constitution...