A Plea for Demystifying Constitutional Theory Categories

• Autores: Mariana Velasco Rivera
• Localización: American journal of comparative law, ISSN 0002-919X, Nº. 2, 2019, págs. 483-490
• Idioma: inglés
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• Resumen

  • There is a set of everlasting questions in constitutional theory, specifically regarding constitutional change, that have recently attracted increased attention within the field of comparative constitutional law. Who are “the People”? How does the popular will manifest? What are its limits, if any? Who should enforce those limits? What role should courts play? The democratic backsliding we have witnessed around the world in recent years (such as in Hungary, Poland, and Venezuela) demonstrates the utmost importance of these questions. Constitutional change, in any of its forms, has an inevitable impact on the creation, development, consolidation, success, and failure of constitutional democracies. Therefore, the...