Work

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

Year: 2025

Type: article

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.”

Source: Theoretical Inquiries in Law

DOI: 10.1515/til-2025-0024

Author: Roberto Gargarella

Institution: Universitat Pompeu Fabra

Language: English

Topic: Comparative constitutional jurisprudence studies

Subfield: Political Science and International Relations

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $2,712