Resumen de El Neoconstitucionalismo: ¿otra utopía invertida?
Neoconstitutionalism: A New Upturned Utopia? In this essay, the author approaches, from the perspective of political philosophy, the problems faced by Latin America's democratic constitutional models, with special emphasis on those countries that adopted (or claimed to have adopted) the constitutionalism principles of separation of powers, a strong human rights agenda, constitutional control through Constitutional Courts and supremacy and rigidity of the Constitution. After a brief reconstruction of the core principles of neoconstitutionalism as a theory, the author analyzes the translation of these into legal norms of constitutional level, what its usually known as democratic constitutionalism, and the paradoxes and contradictions between these established rules and principles and the behaviour of the authorities and policy makers responsible for fulfilling this agenda in two types of countries; first, the ones who lack of the material capacity of satisfying the requirements of the neoconstitutional model, hence turning these premises into a void ideology or, in the best-case scenario, into an ideal model; the second group, composed by those countries that apply neoconstitutionalism rhetorically, cuh as in particular the countries that have adopted the so-called "New Latin American Constitutionalism ".
