Abstract

ROA ROA, JORGE ERNESTO. Citizenship Inside the Engine Room of Transformative Constitutionalism in Latin America. Rev. Derecho Estado [online]. 2021, n.49, pp.35-58.  Epub Sep 25, 2021. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n49.04.

This article discusses the theses proposed by Roberto Gargarella in the books: The engine room of the Constitution and Justice before the government. The common purpose is to demonstrate that in Latin America there is a kind of transformative constitutionalism. This form of constitutionalism is concerned with materializing the changes and the social promises that Constitutions made to those who live in Latin American countries. From institutional design point of view, transformative constitutionalism proposes that citizens have broad access to the supreme and constitutional courts. This is a pillar of social change through law. For that reason, the article also argues that mechanisms such as public action on constitutionality are relevant when discussing the democratic foundations of Latin-American judicial review.

Keywords : Transformative constitutionalism; citizenship; deliberative democracy; dialogic constitutionalism; structural judgements.

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