Abstract

ZAMBRANO, Pilar. The Intelligility Conditions of Constitutional Practices: An Approach from the Case of Abortion. Bol. Mex. Der. Comp. [online]. 2013, vol.46, n.138, pp.1111-1147. ISSN 2448-4873.

In this paper we intend to highlight the three levels of discourse that underground every constitutional discussion, from the view point of the special case of abortion. We aim, in the end, to propose a reflection about what we could name the intelligibility conditions of our constitutional practices. With this purpose, we identify three discussions that converge in the discussion about the justice of decriminalizing abortion: (a) the explicit discussion about the claimed existence of a right not to be condemned for choosing abortion; (b) the implicit discussion about the nature of public reasons, as opposed to religious reasons; (c) the underlying discussion about the nature of concepts which are used in these two previous levels of discussion.

Keywords : Interpretation; Public Reason; Pluralism; Semantics; Human Rights; Abortion.