From democratic legitimacy to legitimacy based on human rights: a comparative analysis.

Abstract

As the State and Law have evolved, particularly in the Western context, from being based on traditional concepts such as sovereignty and democracy towards a normative plurality, the question arises as to how political power is legitimized today. The research, with a qualitative and constructivist approach, explores this topic. In contemporary times, the importance of material legitimacy based on pre-existing values, such as Human Rights, which have become a global consensus, is recognized. This highlights the need for the State and the Law to respect and protect the fundamental rights of individuals. This approach can guide policies related to political power in a democratic and pluralistic society.