Constitucionalismo deliberativo : hacia una propuesta democrática en el Estado Constitucional.

Abstract

Constitutionalism in Latin America is going through one of its critical moments. The crisis in the legal-state institutions supposes a citizen weariness in front of their representatives that leads to a violation, in brief, of their constitutional rights. The question that needs to be resolved is about which is the right body to best protect citizens against potential violations that their representatives could commit and which model is the most suitable for citizens to actively participate. In this way, the postpositivist or constitutionalist paradigm of Law should be strengthened in terms of the creation of Constitutional Courts with a non-representative character and with countermajoritarian force so that their power is not limited to the principle of separation of powers and that way it serves as a guarantee of the defense of the rights and the supremacy of the Constitution against the acts and powers of the public and private sector. To arrive at that, parallel lines of study must also be defined on the different models of constitutionalism in the world and highlight their key points to balance a constitutionalism that starts from constructivist rhetoric and tends to dialogue not only inter-institutional but also citizen in front of the Courts. of closure who are responsible for having the last word.