“Derechos y Justicia Constitucional” revisited

Abstract

This paper reconstructs the discussion that took place in the first issue of Discusiones regarding rights and constitutional justice. To this end, it recalls the positions held there by José Juan Moreso, Juan Carlos Bayón and Roberto Gargarella, the former a defender and the latter two critics of constitutionalism. Likewise, special attention is paid to the positions that these authors have developed in recent years, controverting and defending the positions held in that volume. From this, in particular, the need to link the justification of constitutionalism with questions of political culture is highlighted, which, although presented in the discussion, was not analysed in detail. In addition, two issues that are considered relevant are analysed: the so-called "popular constitutionalism" and a certain nuancing of the original positions of the authors who defended democratic criticisms of constitutionalism.