Los jueces ¿frente? A la Democracia - Habermas y la justificación del control judicial de constitucionalidad

Abstract

One of the restrictions of the law over the other branches of government (legislative and executive) is the judicial control of constitutionality of democratically norms. This raises questions because it is objected that judges do not have the democratic legitimacy for such decisions. This article analyzes the theoretical position of Habermas to justify the articulation between the point of view of law and democracy, that the judicial review presuposses, on the basis of his theory of discourse. This article also indicates the problem of a merely empirical position to approach this topic, as it is evidenced in the last writings of this author.