Abstract
In this article I will compare different understandings of constitutionalism in contemporary constitutional theory: the so called neoconstitutionalism(s), popular constitutionalism and the new constitutionalism in Latin America. Specifically, I will explore the normative pretensions of each theory; the substantial and procedural models of democratic legitimacy that in my opinion support neoconstitutionalism, popular constitutionalism and new constitutionalism respectively; the institutionalization of judicial review proposed by each theory; the theories of democracy that are implicit in each model, and finally, how the relation between constitutional law and politics is conceived.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have