The constitutional guarantees of fundamental rights

If we take the redefinition of the sovereign will of the people as a starting point, a necessary redefinition of democracy leads us to the conclusion that what guarantees fundamental rights also guarantees democracy. This redefinition is, then, made up of four dimensions: the first two are "formal", related to the rights-power of political and civil autonomy; whilst the other two are "substantial", related to social rights and the right to freedom. Constitutional guarantees are linked to the inflexibility of the Constitution and consist in the obligations and prohibitions which correspond to the positive and negative expectations established by norms. Thus, on the one hand, there are "positive guarantees" and "negative guarantees" and, on the other hand, a distinction can be drawn between " primary guarantees" (the sum of those above) and " secondary guarantees" (those of justiciability, which come into effect when normative expectation and its primary guarantees are violated).