Abstract

MEX AVILA, Luis Fernando. Case “Gelman vs Uruguay”: a review under the John Rawls’s conception of public reason. Andamios [online]. 2020, vol.17, n.42, pp.167-193.  Epub Aug 28, 2020. ISSN 2594-1917.  https://doi.org/10.29092/uacm.v17i42.739.

In this paper, will develop a critique of the resolution of the Inter-American Court, referring to Case Gelman vs Uruguay, from the point of view about John Rawls’s Public Reason, as well as its extension to the use of this by the Courts. The above aims to highlight the democratic “tensions” that are present in this sentence if it viewed under a conception of political legitimacy. In this sense, the text examines the decision of the Court regarding the Uruguayan Expiry Law since, in it, a rule is declared invalid, despite being controversial, it serves as a legitimate manifestation of the Uruguayan People in democratic and constitutional terms.

Keywords : Public reason; democratic legitimacy; Gelman vs Uruguay; Rawls; courts.