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
- Roberto Gargarella
Institutions
- Universitat Pompeu Fabra (ES)
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