Abstract

PENA RANGEL, David. Contestatory Popular Constitutionalism. Isonomía [online]. 2013, n.38, pp.225-243. ISSN 1405-0218.

If we believe democracy is best understood as a system of self-governance, the Constitution, in being, so to speak, under the control of the few, presents a challenge for the democratic ideal. Popular constitutionalism emerges to soften a contradiction found in most of contemporary constitutional democracies: why should a handful of citizens, removed from everyday politics, be allowed to interpret a Constitution that equally ties and binds all members of the community? Interpreting the meaning of the Constitution, populists argue, should be a deliberative endeavor between the people, their representatives and members of the judiciary. This essay analyzes certain aspects of the populist argument. Instead of having deliberation guide a community's effort to interpret the Constitution, I will argue that contestation-a specific form of deliberation that occurs after a decision has been made by the Supreme Court-must take its place.

Keywords : Contestation; popular constitutionalism; Larry Kramer; deliberation.

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