Revista Derecho del Estado
ISSN 0122-9893
NIEMBRO ORTEGA, ROBERTO. Two Readings of Roberto Gargarella's Constitutional Justice Theory. []. , 49, pp.159-178. 05--2021. ISSN 0122-9893. https://doi.org/10.18601/01229893.n49.09.
In this work I present two different readings of Roberto Gargarella's theory of constitutional justice. On the one hand, a procedural reading, on the other, a transformative reading. The former is worry about the counter majoritarian difficulty and propose a restrictive account of judicial review. The latter is focus on social change by law in a democratic, participatory and egalitarian course. In my point of view, the procedural conception is insufficient for constitutional courts in Latin American, even though it is partially useful. Furthermore, I argue that the transformative conception is more plausible if we take into account Gargarella's egalitarian conception of Latin American constitutionalism.
: Constitutional justice; Latin American constitutionalism; Roberto Gargarella; John Hart Ely.