Argumentos históricos para distender la relación entre el constitucionalismo y la democracia: variaciones sobre un tema de Cortés Rodas

Historical arguments to ease the relationship among constitutionalism and democracy: Variations on a Cortés-Rodas’s theme

Abstract

Among yesteryear Philosophers of Law there seemed to be no more important mission than taking a stand in the debate between law and morality. Among the present-day constitutionalists, it is mandatory to take a stand in the tension between constitutionalism and democracy. In particular, judicial review at the level of normative theory that best corresponds to the institutional arrangements adopted which, in turn, better justifies such practice instrumentally. Latin American constitutionalists have turn at pedagogical, doctrinal and jurisprudential level to well-known primary sources to defend a favorable thesis on judicial review. They have perhaps neglected contributions from historical authors of liberal political thought, such as Benjamin Constant, to contribute to defend the favorable thesis.