POPULAR SOVEREIGNTY, POLITICAL FREEDOM, AND THEIR IMPACTS ON CONTEMPORARY CONSTITUTIONALISM: THE INFLUENCES OF THE THEORIES OF MONTESQUIEU AND ROUSSEAU
Keywords:
Political Freedom, Separation of Powers, Contemporary Constitutionalism, Popular SovereigntyAbstract
This article seeks, in light of the works of Montesquieu and Rousseau, to conduct a detailed comparison of the concepts of popular sovereignty, political freedom, general will, separation of powers, and their impacts on contemporary constitutionalism, as well as their influence on the organization of current national states. In this sense, the text will attempt to discuss the main concepts and characteristics of political freedom developed according to the aforementioned thinkers, the problems inherent in the concentration of power, and the evolution and challenges of these theorizing within the current contemporary constitutional organization. Thus, it will analyze whether the constitution of a government, by guaranteeing the independence of powers and respect for the law, truly ensures the political freedom of its citizens, protecting them against tyranny and abuse of authority. Finally, a contrast will be made between the views presented by Montesquieu and Rousseau, exposing the main points of contact, as well as the divergences they advocate on topics such as political freedom, separation of powers, general will, and citizen participation.