Otra revisita al constitucionalismo popular

Abstract

For at least two decades now, the discourse of self-government and demands for a more democratic reading of constitutionalism have been gaining momentum in academia. So-called “popular constitutionalism” approach, based on historiographical strategy for prescriptive purposes, calls for the need to incorporate the “people” into our understanding and interpretation of the Constitution. This paper critically analyses both the methodology and claims of popular constitutionalism based on Larry D. Kramer’s The People Themselves: Popular Constitutionalism and Judicial Review. After analysing some of popular constitutionalism issues, it is argued that it can be understood as a part of the literature that emphasizes the important role that political participation should play in establishing the scope of judicial review of legislation. Popular constitutionalism contribution is to pave the path for new ways of articulating the perennial conflict between constitutionalism and democracy.