Constitutionalism vs. democracy: Four readings. In defense of a “conversation among equals”

Abstract The tense relationship between constitutionalism and democracy has been a frequent topic of discussion among academics and politicians. In this Article, I present and critically discuss four different, contemporary approaches to this conflictive relationship between constitutionalism and democracy. I shall call these four different responses: (i) against democracy; (ii) for constitutionalism (or “for constitutional restoration”); (iii) against constitutionalism; and (iv) for democracy (or “for democratic restoration”). In particular, I give some reasons in favor of (some version of) the latter position (“for democracy”), which I identify with the idea of a “conversation among equals.”

Authors

Institutions

Publication Details

Journal
Theoretical Inquiries in Law
Published
2025-09-01
DOI
https://doi.org/10.1515/til-2025-0024
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Constitutionalism vs. democracy: Four readings. In defense of a “conversation among equals”

Roberto Gargarella
Theoretical Inquiries in Law
Judicial and Constitutional Studies
article

Constitutionalism vs. democracy: Four readings. In defense of a “conversation among equals”

Roberto Gargarella
article en

Abstract

Abstract The tense relationship between constitutionalism and democracy has been a frequent topic of discussion among academics and politicians. In this Article, I present and critically discuss four different, contemporary approaches to this conflictive relationship between constitutionalism and democracy. I shall call these four different responses: (i) against democracy; (ii) for constitutionalism (or “for constitutional restoration”); (iii) against constitutionalism; and (iv) for democracy (or “for democratic restoration”). In particular, I give some reasons in favor of (some version of) the latter position (“for democracy”), which I identify with the idea of a “conversation among equals.”

Theoretical Inquiries in LawVol. 26(2)
Universitat Pompeu Fabra (ES)
Peace, Justice and strong institutions
Openalex Percentile: Top 8%
Judicial and Constitutional Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.