Scope and limits of dialogic constitutionalism

Abstract

This chapter takes up the debate that is going on in contemporary legal and political philosophy under the rubric of dialogic constitutionalism, dialogic justice or dialogic judicial review. These issues are studied with special emphasis on historical considerations about the separation of powers and the contemporary context of Latin American Constitutions. In the same spirit of some of my previous writings, including a larger version of this paper, I maintain that, beside the genuine reasons we have to celebrate the coming of dialogic constitutionalism, we also have reasons for concern, particularly if we are not willing to modify the basic structure of the system of checks and balances on which it is usually based.