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Tareas pendientes para un constitucionalismo popular latinoamericano
ISSN: 2545 - 8817Publisher: author   
Tareas pendientes para un constitucionalismo popular latinoamericano
Indexed in
Law and Political Sciences
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1.3
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International Category Code (ICC):
ICC-1002
Publisher: Universidad De San Andrés
International Journal Address (IAA):
IAA.ZONE/2545114128817
eISSN
:
2545 - 8817
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Abstract
This paper begins with a hypothesis: there is considerable distance between thought and constitutional reality in Latin America. While in our countries varying degrees of populist leaderships are consolidated, much of the reflections of the "neoconstitutionalism" revolve around rights and ways to implement them effectively through the courts. There are two alternatives –populisms and judiciary technocracies –that relegate citizens to a secondary role and are, therefore, very unattractive. Some authors have sought another path inspired by the so-called popularconstitutionalism developed in recent years by academics from the United States. These theories seek to rescue the role of "the people" in the collective self-government. This work suggests that this path is possible but is fraught with difficulties. Going that way requires understanding of the core theory of popular and democratic constitutionalism and releases it from its more p...