Abstract

OLIVARES, Nicolás Emanuel. Deliberative democracy and constitutional review: Defending a multisituated design. Rev. Derecho [online]. 2017, n.47, pp.167-206. ISSN 0121-8697.

Since the late 1980s the concept of deliberative democracy has been defended and redefined by numerous renowned political philosophers. At the heart of this concept there is a conception of democratic legitimacy, under which all norms, institution or policy measure must be justified by a public deliberative inter-subjective process. This democratic model has emerged in response to the crisis of classic constitutionalism, which, based on aggregative conceptions of democracy, it has been criticized as illegitimate and ineffective. Meanwhile, deliberative democracy as an ideal regulative provides normative criteria from which to assess current, political institutions such as the constitutional review. Given this conceptual framework, the aim of this paper will be to explicit a deliberative multisited constitutional control design, apt for the complex political context in which contemporary democratic societies are inscribed.

Keywords : deliberative democracy; political legitimac; constitutional review; institutional designs; multisited design.

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