Abstract

NIEMBRO ORTEGA, ROBERTO. Two Readings of Roberto Gargarella's Constitutional Justice Theory. Rev. Derecho Estado [online]. 2021, n.49, pp.159-178.  Epub Oct 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.

Keywords : Constitutional justice; Latin American constitutionalism; Roberto Gargarella; John Hart Ely.

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