El neoconstitucionalismo andino: ¿una superación de la contradicción entre democracia y justicia constitucional?

Abstract

This present work analyzes how from their inception the constitutional justice has always shown a antimajority character in clear opposition to the ideal-theoric notion of democracy. Once explained the reasons for this contradiction, the article mentions how during the last decade, the new constitutions drafted in Latinamerica which were product of the political change process, especially in the Andean area of the continent, did incorporate innovative mechanisms of democratization of the constitutional justice which make possible start to diminish the aforementioned old contradiction.

Keywords

• constitutional court
• democracy
• constitutional justice
• latin american neoconstitutionalism
• review of constitutionality