Las agencias reguladoras independientes y sus desafíos de legitimidad democrática: revisión de literatura y agenda para el derecho constitucional en Latinoamérica

Abstract

Abstract The Anglo-Saxon and European literature usually presents independent regulatory agencies as institutions capable of solving some of the problems of constitutional democracies and of satisfying the objectives of the so-called regulatory state. It also shows the presence of some problems, which I call constitutional ruptures, caused by the actions of independent regulatory agencies both at the domestic and global level, and presents various responses to the legitimacy challenges that these ruptures generate. In contrast, although the literature in Ibero-America shows growing progress in understanding these institutions, it has not sufficiently explored these constitutional problems. Based on the literature review, this article seeks to set out some lines of argument around such constitutional problems, so as to contribute to shaping a future agenda for constitutional discussion, especially in the Latin American region.