Justicia dialógica en una ingeniería constitucional resistente al constitucionalismo dialógico:: El caso de el salvador
Dialogic constitutionalism defends that inter-institutional dialogue and con- versation between state institutions and citizens to interpret the Constitution must be a decisive criterion of legitimacy. And there are certainly good reasons to accept that this is in a democratic interest. But, desp...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2022
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8473359 |
| Source: | Anuario iberoamericano de justicia constitucional, ISSN 1138-4824, Nº. 26, 1, 2022, pags. 181-211 |
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| Summary: |
Dialogic constitutionalism defends that inter-institutional dialogue and con-
versation between state institutions and citizens to interpret the Constitution must
be a decisive criterion of legitimacy. And there are certainly good reasons to accept
that this is in a democratic interest. But, despite the feverish temptation that can
arise from the emotional content of the concepts of dialogue and deliberation, the
adoption of the ideas of said constitutionalism cannot be unreflective, since it requi-
res a normative design in accordance with certain demands that in some constitu-
tions could only be satisfied through profound constitutional amendments. In this
context, this work analyzes the concepts of dialogic constitutionalism and justice;
determines the difficulties derived from the Salvadoran constitutional engineering to
implement it; and it examines with a descriptive and critical view whether there are
dialogic justice practices adopted by Salvadoran constitutional court |
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