Democratic Legitimacy in the exercise of Constitutional Justice

Abstract

So that the supremacy of the constitution can prevail it is imperative that ways of guaranteeing it exists. The constitutional justice lends itself to this function, which depends on the institutional conditions and the operation of the body for which it is responsible in order to have a good functioning. The analysis of the entity responsible for constitutional justice consists in the assessment of its democratic legitimacy which can be split into formal and material democratic legitimacy. For this last one the essence of the institution is assessed, which leads to its composition, the designation of members, the independence degree, the respect for the hierarchy of rules and the sustainability of its decisions by the public opinion.