Abstract

LINARES, Sebastián. Sobre el ejercicio democrático del control judicial de las leyes. Isonomía [online]. 2008, n.28, pp.149-184. ISSN 1405-0218.

Six theories of the democratic legitimacy of judicial review are entertain: originalism, moral lecture, textualism, judicial minimalism, the reinforcement theory of representation and a particular theory of deliberative democracy. The debate among theories is best seen as a debate of the final authority in a political system vis-à-vis a debate on the justification of a robust model of constitutional review. The aceptance of a robust model is underpin on the assumption that judges will review law guided by the ideal of deliberative democracy. However, there are good reasons to think that judges will not guide their resolutions by said ideal, thus, the final authority of a political system must always be the Congress.

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