¿Democratizing constitutional justice? The link between sovereignity, constitutional justice and participation in the old and the new constitutionalism

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URI: http://hdl.handle.net/10900/95051
http://nbn-resolving.de/urn:nbn:de:bsz:21-dspace-950516
http://dx.doi.org/10.15496/publikation-36435
Dokumentart: Aufsatz
Date: 2011
Source: Oñati Socio-Legal Series, 1-2, 2011
Language: Spanish
Faculty: Kriminologisches Repository
Department: Kriminologie
DDC Classifikation: 360 - Social problems and services; associations
Keywords: Verfassungsrecht , Demokratisierung
Other Keywords:
Constitutional Justice
Judicial Review
Democracy
Latin America
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Abstract:

This paper provides an analysis on the historical evolution, from its origins, of the contradiction which, within the field of political science and constitutional law, has been presented, traditionally, between judicial review of constitutionality and the ideal theoretical notion of democracy. Stated the reasons for this contradiction, the paper refers to how, in recent decades, new constitutions that emerged in Latin America result of the processes of political change that have occurred, especially in the Andean region of the continent, have incorporated innovative democratization mechanisms of the society and the State, including mechanisms for the democratization of constitutional justice that allow overcome the contradiction to which I referred.

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