Abstract
The theory of constructivism is conceived particularly as a knowledge and science theory. An open question is whether this paradigm can be also made fertile for the political theory. To answer this question the specifically constructivism access to the political theory is outlined in the article in the confrontation with the discourse theory of the rights by Jürgen Habermas on the one hand. On the other hand, it is examined on this basis which consequences follow from the constructivism point if view for the understanding of the democratic discourse. The result of the considerations is that the democratic discourse has, above all, the normative function to solve conflicts with peaceful and rational means, besides, however, without collectively divided background acceptances must get by.