Derecho y Sociedad en el Estado constitucional: Una introducción desde J. Elster, L. Kramer y P. Haberle
Within the philosophy of contemporary democracy it is common to find positions that understand the dawn of modern constitutionalism as the twilight of democracy and the return to an elitist and aristocratic model of in which the last word will always be held by a select group of lawyers, even though...
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| Format: | Article |
| Language: | Spanish |
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2011
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5688042 |
| Source: | Revista de derecho: División de Ciencias Jurídicas de la Universidad del Norte, ISSN 0121-8697, Nº. 35, 2011, pags. 1-31 |
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| Summary: |
Within the philosophy of contemporary democracy it is common to find positions that understand the dawn of modern constitutionalism as the twilight of democracy and the return to an elitist and aristocratic model of in which the last word will always be held by a select group of lawyers, even though their decision is openly against the majority and, therefore, in his view, anti-democratic. In that sense, this paper will aim to expose some of the contemporary readings in relation to the tensions between democracy () (people) and Constitution (Constitutional Court), taking into consideration what today are perhaps the most influential theories in the global academy. Here will be discussed the theory of constitutional limits Elster, Popular Constitutionalism Kramer, Waldron, and Tushnet, and the theory of the Open Society Interpreters Peter Haberle. |
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