On the Scope of Pre-Commitment
DOI:
https://doi.org/10.52292/j.dsc.2000.2381Keywords:
Identity Problem, Colective Decision, Pre-commitment, Constitutional Supremacy, Control of ConstitutionalityAbstract
The criticisms that Bayón and Gargarella direct to the precommitment mechanism may be grouped into the following two: the problem of identity and the problem of collective decision. I will not try to present a fully articulated conception capable of standing up to these powerful criticisms. My purpose is more modest: I will only try to clarify those aspects of the idea of precommitment, an idea that they do not find valuable to support the institutional protection of the "coto vedado" and that I, on the other hand, still consider useful for this purpose. I will finish with some more general reflections about the idea of the supremacy of the Constitution and the justification of constitutional control.
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