The role of the Judiciary in democracy
The essay takes up and discusses the different meanings of the term democracy, analyzes the concept of "interpretance" and reflects on the political neutrality of the judiciary. The introduction of external requirements transforms the way of looking at the Constitution, implying a shift from the Constituent Power to the Constituent Power. The conclusion is that democracy seems to seek its legitimacy no longer through the political constitution and its guardians, but through the potential communicative means that are grouped around society's different means of communication.