Abstract

MUNOZ MENDIOLA, Julio César. Waldron´s democratic argument under legal rationality of constitutional state. Derecho glob. Estud. sobre derecho justicia [online]. 2024, vol.9, n.26, pp.107-131.  Epub May 17, 2024. ISSN 2448-5136.  https://doi.org/10.32870/dgedj.v9i26.442.

This paper aims to contrast Waldron’s so-called democratic argument with the intrinsic legal rationality of the constitutional State, since the main objectives are: 1) to point out the main theses of this argument;

2) to develop what is understood by the legal rationality of the constitutional model; and 3) to show some weaknesses of the Waldronian argument vis-à-vis the constitutional model. The methodological approach used is based on the framework of Waldron’s majoritarian theory, as well as on post-war legal constitutionalism, in order to carry out a mainly argumentative and qualitative study. The paper concludes that both political institutions and processes, as well as legal institutions and processes, in both cases, will ultimately be determined by the Constitution as the maximum expression and source of law or, if preferred, as the manifestation of the legal rationality of the constitutional model at present, therefore, Waldron’s argument rather than diverging would be complementary to this model.

Keywords : Waldron´s democratic argument; constitutional State; constitutional review; legal rationality..

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