Abstract

GAMARRA ANTES, DIEGO. Constitutional Decisions on Specification of Rights. Contributions for a Model More Committed with Democracy. Rev. Derecho Estado [online]. 2023, n.56, pp.103-130.  Epub May 15, 2023. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n56.04.

The existence of reasonable disagreements on the scope of abstract constitutional provisions on rights, even accepting their conception as minimums of dignity that deserve special protection, demands inquiring on institutional adjustments to provide better democratic legitimacy to decisions on their specification. On the grounds of a weak version of constitutionalism and considering the judicial review as a speech under a dialogue: (a) some alternatives for democratic improvement of the judicial review itself are preliminary explored; and (b) a model including a legislative evaluation and an eventual constitutional response to the judicial decision is hereby proposed. Said response should be performed by an intense democratic procedure, promoting vigorous political deliberation and citizen participation.

Keywords : Rights specification; weak constitutionalism; judicial review; political participation; constitutional amendments; constitutional juries.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )