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1 results

  • 1 - Constitutionalism and Democracy

  • Roberto Gargarella, Universidad de Buenos Aires, Argentina
  • Book:
    The Law As a Conversation among Equals
    Published online:
    25 April 2022
    Print publication:
    21 April 2022, pp 1-15

  • Summary

    In the first chapter of the book, I refer to the existing tensions between constitutionalism and democracy. More specifically, I focus on the difficulties shown by the prevailing constitutional system to carry out the main promises it made at its foundational moment—the promises on which its legitimacy stands: its inclusive promise (the promise of “full representation”); its promise of respect for the rights of overlooked minorities; and -most significantly- its promise to recognize the sovereignty of the people’s voice. In this chapter, I maintain that present institutions are no longer capable of meeting the expectations that they generated, while the society increasingly sees them as alien, distant, and removed.