Abstract

OVARES SANCHEZ, CAROLINA. Dialogic Constitutionalism, Ex Ante Review of Legislation and the Case of Costa Rica. Rev. Derecho Estado [online]. 2021, n.49, pp.215-240.  Epub Oct 07, 2021. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n49.12.

The dialogical turn of constitutionalism or dialogic constitutionalism intro duced novelties regarding the analysis and practice of the judicial review. It is within this framework that this article is developed. The aim is to examine the possibilities of the ex ante review of legislation as a good example of what is proposed by dialogical constitutionalism. This theory acknowledges that that the dialogue should be inter-organic and democratic. The case of Costa Rica will be an example.

The study is exploratory and descriptive. It contributed to understand the use of the ex ante review of legislation as a dialogical practice, in accordance with the assumptions of dialogical constitucionalism as exposed by the theory developed by Roberto Gargarella.The analysis is made from the study of a specific case: the question is whether the ex ante review of legislation, in the case of Costa Rica, meets the demanding requirements of the dialogical turn of constitutionalism. To resolve this issue, it will be necessary to understand the role of the Costa Rican constitutional court, the characterization of the formal power of the constitutional tribunal and the institutional design of Costa Rica, which is embedded in the typical structure of the checks and balances.

Keywords : Dialogic constitutionalism; judicial review; ex ante review of legislation; inter-organic dialogue; democratic dialogue.

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