Abstract

ALTERIO, Ana Micaela. Contemporary Constitutionalism under Debate. Probl. anu. filos. teor. derecho [online]. 2014, n.8, pp.227-306. ISSN 2448-7937.

In this article I will compare different understandings of constitutionalism in contemporary constitutional theory: the so called neoconstitutionalism(s), popular constitutionalism and the new constitutionalism in Latin America. Specifically, I will explore the normative pretensions of each theory; the substantial and procedural models of democratic legitimacy that in my opinion support neoconstitutionalism, popular constitutionalism and new constitutionalism respectively; the institutionalization of judicial review proposed by each theory; the theories of democracy that are implicit in each model, and finally, how the relation between constitutional law and politics is conceived.

Keywords : Constitutional Theory; Neoconstitutionalism; Popular Constitutionalism; the New Constitutionalism in Latin America; Democracy.

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