Constitucionalismo y democracia

una revisión crítica del argumento contra-epistémico

Abstract

Constitutionalism and Democracy: A Critical Analysis of the Counter-Epistemic Argument

Democratic decision-making processes (as well as constitutional limits to majority rule) may be evaluated on the basis of their results, their intrinsic value or a combination of both. I will show that an in-depth analysis of these alternatives uncovers serious weaknesses in the usual models of justification for constitutionalism. The theoretical basis to describe the relationship between democracy and constitutionalism has remained stuck in a trap that I seek to break from. I conclude by showing the need to overcome epistemic and counter-epistemic arguments by proposing.