Estado constitucional, convencional, democrático y social de derecho: algunos aspectos sobre su formación y situación actual. Control judicial de constitucionalidad y democracia, ¿irreconciliables?

Abstract

The present paper tries to answer at least basically, some questions: How do we have built historically the Constitutional, Conventional, Democratic and Social right State? Do the courts have the only word in order to make a constitutional control? Do they have at least the last word? Which is the role of the citizenship?

The paper is structured first in a historic outline, within the social context before modern states emerged, its developments and consolidation, going through each of the categories the actual State has and analyzing the Argentinean case.

For the last, it is raised the problem of judicial interpretation, the tension between constitutionalism and democracy, with an own look in order to value it.