Constitutionalism, rights and democracy in the future of public law in the Americas: a view from the national, the regional, and the international. (SPANISH)
The panel revisits the tensions between democracy and constitutionalism. This is not a new trope in the constitutional and political discourse in the region, nevertheless, it adds the elements of the regional and international spheres of law-making and rights adjudication which have added a particular spin to the different spheres of interaction between the construction of constitutional spaces at different levels. In doing so, the panel discusses and analyzes ways in which these tensions can be reconciled and harmonized. It will tackle issues such as the defense of constitutional review in democratic terms through the principle of collective self-government, the interaction between referendums and decisions involving rights in the context of constitutional reform, the place of the Inter-American Human Rights System as both a democratic actor and creator of legal standards in the region and questions involving prior and informed consultation in the context of constitutional review.