This book introduces an analysis of the interrelationships among democracy, judiciary and human rights. It uses the notion of democratic legitimacy as a central concept to think the following: some aspects of language; the ontic of morals related to human rights; minimal conditions of democratic power as an argumentative representation; and, tension between democracy and constitutional pre-commitments related to judiciary power which performs a legal inspection of the law. It concludes with the necessity to adapt a weak substantivist model in order to state a democratic constitutionalism.