Abstract

The crisis of Western contemporary democracies conect with the losing of efficacy of human rights and freedom which that system pretended to assert. This article looks to introduce and analyze the political and constitutional concepts which guided the founding period of the USA and to plan its relevance in the contemporary debate on democracy. To carry out this aim we suggest the analysis of some topics of the constitutional and political works of Jefferson and Madison on the concepts which inspired the debate and the building of political and judicial culture in the preconstitucional period of North America. Using this approach we will analyse some of the aftermath at the democratic culture of the occidental world which can be found in the source of the moments of crises.

Keywords: constitucionalism, republicanism, democracy, founding fathers, conservatism.