Acción comunicativa y el proceso constituyente boliviano
This paper observes the Bolivian constituent process from the theory of communicative action planted by Professor J. Habermas, analyzing for it: 1. the holder of the constituent power, which denotes the degree of participation, 2. the admissible topics to be covered in the constituent assembly which...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8696962 |
| Source: | Revista Análisis Jurídico-Político, ISSN 2665-5470, Vol. 3, Nº. 5, 2021 (Ejemplar dedicado a: Enero - Junio), pags. 143-167 |
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| Summary: |
This paper observes the Bolivian constituent process from the theory of communicative action planted by Professor J. Habermas, analyzing for it: 1. the holder of the constituent power, which denotes the degree of participation, 2. the admissible topics to be covered in the constituent assembly which denotes the degree ofimposition, and 3. the traumatic procedure used and which concludes with the 2009 Constitution. In this sense, it is expected to show that the lack of rational debate in the Bolivian constituent assembly, after it was approved, prevented having a shared meaning, that is, that the lack of order and good faith in the debate projected and generated uncertainty in constitutional interpretation, even by specialized bodies in this type of interpretation, such as the Plurinational Legislative Assembly and the Plurinational Constitutional Court, so that determining the meaning of the constitutional text for the citizen is even much more difficult and uncertain. |
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