El Estado constitucional como cultura democrática de la justificación
This paper aims to articulate a plausible theoretical position that helps overcome the longstanding dispute between the two main conceptions in current constitutional theory: the “legal” and “political” constitutionalisms. This third position wants to occupy an intermediate terrain of reconciliation...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6720726 |
| Source: | Revista de estudios políticos, ISSN 0048-7694, Nº 182, 2018, pags. 13-41 |
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| Summary: |
This paper aims to articulate a plausible theoretical position that helps overcome the longstanding dispute between the two main conceptions in current constitutional theory: the “legal” and “political” constitutionalisms. This third position wants to occupy an intermediate terrain of reconciliation: on the one hand, it defends the essentially legal nature of the constitution and, thus, the inevitable and irreplaceable role of judges in the interpretation of constitutional requirements; on the other hand, it vindicates the important role of the political powers in the definition of basic rights and freedoms, denying the judges’ monopoly or supremacy in constitutional interpretation. The objective is to build a democratic culture of justification where the maintenance of the rule of law (including the protection of basic rights) is assumed as a common project in which all branches fulfil their role respecting each other’s independence. |
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