Garantías del derecho fundamental a la democracia e idoneidad de los mecanismos para su disfrute: análisis a partir de la valoración de casos

Abstract

Although democracy has been conceived as a form of government, it is now possible to define it as a fundamental right. However, it is pertinent to analyze whether suitable guarantees have been granted democracy as a fundamental right, in order to preserve the exercise of this right. In the first instance, the fundamental right to democracy will be analyzed, in order to identify the guarantees that protect it, with the purpose of constructing criteria that allow assessing their suitability, from cases in which different protection mechanisms have been applied. This will be done through an argumentative assessment and from the theory of fundamental rights, as a category of higher-ranking rights that support the State model itself.