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

Theoretical Inquiries in Law 26 (2):257-277 (2025)
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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.”

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