Constitutional Democratic State - Constitutional Law State: ¿tension exists between development and the guarantee of fundamental rights?

Abstract

In the present constitutions the legislator has, according
to the settled down thing by the legal ordering, certain
power to develop, to form and to restrict the fundamental
rights through the democratic principle. In Colombia,
for example, according to the article 152 and 377 of the
Political Constitution of 1991, fundamental rights with
limits to the performances of the powers settle down
“certain” public in as much is prohibited him to this one
to restrict in excess - negative affectation their “essential
nucleus” under pain to denature it. But until where they
have to arrive the Constitutional Courts in the trusteeship
from the fundamental rights without the deliberative and
representative democracy loses its sense? Or until where
must arrive the intervention from the legislator in the