EL (RE) SURGIMIENTO DE UN CONCEPTO: LA BúSQUEDA DEL VERDADERO SENTIDO DE LA DEMOCRACIA EN LA SOCIEDAD CONTEMPORáNEA

the xxi century's democratic constitutionalism, based on binomial human dignity/social solidarity, has just collided with an extremelypositivist legal culture arising from a legislation based on historical standards of private law. these fundamental rights, as supreme principles of a community, and now as standards provided with legal force and immediate efficiency, given their positivation, also depend, for their effectiveness, in joint actions, because goals and objectives elected by a community assume political and legal participation, both in its respect and its interpretation and application, which allows a constitutional opening for its citizens, thereby giving effect to the constitution through the democratization of the system of fundamental rights. therefore, the "new"concept of democracy becomes inseparable from the idea of realizing the fundamental rights, reason why the "post-modern" times require a new type of citizen: an active and transforming person of the society in which he is part of.