Constitution and control of constitutionality: towards a democratic-deliberative reconfiguration from Atria, Habermas and Landemore
This article critically examines constitutional courts in Latin America and raises the need to rethink the control of constitutionality from a deliberative perspective. Following Fernando Atria's criticisms and reflections on issues such as neoconstitutionalism, constitutional jurisdiction and...
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| Format: | article |
| Status: | Published version |
| Publication Date: | 2025 |
| Country: | Perú |
| Institution: | Pontificia Universidad Católica del Perú |
| Repository: | Revistas - Pontificia Universidad Católica del Perú |
| Language: | Spanish |
| OAI Identifier: | oai:ojs.pkp.sfu.ca:article/31560 |
| Online Access: | http://revistas.pucp.edu.pe/index.php/politai/article/view/31560 |
| Access Level: | Open access |
| Keyword: | Constitution Open and deliberative democracy Constitutional concepts Lottocracy Constitución Democracia abierta y deliberativa Conceptos constitucionales Lotocracia |
| Summary: | This article critically examines constitutional courts in Latin America and raises the need to rethink the control of constitutionality from a deliberative perspective. Following Fernando Atria's criticisms and reflections on issues such as neoconstitutionalism, constitutional jurisdiction and constitutional concepts, as well as his conception of democratic deliberation and that of Jürgen Habermas, it integrates Hélène Landemore's proposal on open and lottocratic democracy as a way to democratize the control of constitutionality, with a view to laying the foundations for an institutional redesign that overcomes the limitations of the current judicial model and revitalizes the democratic principle. |
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