GUARANTEE BASED CONSTITUTIONALISM: DEMOCRACY AND POPULAR SOVEREIGNTY WITHOUT THE PEOPLE
Fecha
2019-04-01
Autores
J. GAVIRIA MIRA
J. GAVIRIA MIRA
relationships.isAdvisorOf
Título de la revista
ISSN de la revista
07183437
07160747
07160747
Título del volumen
Editor
Facultad de Derecho, Universidad Catolica de Chile
item.page.isbn
Resumen
This work seeks to analyse the defence of constitutional review made by the Italian legal theorist Luigi Ferrajoli and how it is related with his conception of democracy (a conception marked by anti-popular elements). In order to do this, it takes four particularly relevant aspects in Ferrajoli's reconstruction of democracy (understood as substantive democracy) and its relationship with constitutional review, namely (i) the idea of separation between form and substance, (ii) the denial of conflict between rights and the absence of judicial discretion, (iii) the pessimistic view of politics (that contrast with Ferrajoli's optimist view about judicial work) and, finally, (iv) the paternalistic elements imbedded in his conception of democracy.
Descripción
Palabras clave
Constitution, democracy, guarantee-constitutionalism, constitutional rights, constitutional review