Control judicial y contención al atajo populista en América Latina
The death of democracy and the failure of liberalism are proclaimed around the world. The concern that shortcuts such as populism and technocracy continue to be taken, and the comparably lesser number of proactive scholarly writings, explain the appearance of Democracy without Shortcuts. Contrary to...
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| Format: | Article |
| Language: | Spanish |
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2023
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8990922 |
| Source: | Revista Derecho del Estado, ISSN 0122-9893, Nº. 55, 2023 (Ejemplar dedicado a: Edición Especial), pags. 207-239 |
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| Summary: |
The death of democracy and the failure of liberalism are proclaimed around the world. The concern that shortcuts such as populism and technocracy continue to be taken, and the comparably lesser number of proactive scholarly writings, explain the appearance of Democracy without Shortcuts. Contrary to the purely epistemic version of deliberative democracy, Cristina Lafont defends a participatory version in which “the experts” do not reject citizens from public deliberation. The participatory version is articulated with judicial review democratic legitimacy. Analyzing this contribution is the objective of the article: What perspective does Lafont present and what arguments does it put forward that help us to understand and justifies in our context this multifaceted problem? This institution is an additional channel with a significant capacity to empower social movements –especially those “discrete and insular”, worse placed in the representative process– to point out a problem, explain where an injustice lies or contribute to construct a basic right. This capacity is subject, in addition to Lafont’s approach (the courts do not choose cases but among those submitted for review and with arguments by the parties and lower judges), to an incremental judicial philosophy and to deliberative judicial practices. |
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