Abstract

GIUFFRE, Carlos Ignacio  and  SCIVOLETTO. Dialogue and judicial activism: A critical view of impartiality from The Federalist Papers. Estud. filos. práct. hist. ideas [online]. 2018, vol.20, n.1, pp.1-19. ISSN 1851-9490.

The following work intends to critically analyze the classic and monological conception of the Judge´s impartiality, its respective institutional correlate and the consequences to understand the bond that should have with those affected. For this, a reconstructive analysis of The Federalist by Hamilton, Madison, and Jay is made. In the first place, the concept of impartiality and its theoretical assumptions are analyzed in such document. Second, it shows how, despite the turns and transformations of the "new constitutionalism", some of this assumptions remain applicable. Finally, the paper attempts to put into practice the normative theoretical framework of deliberative democracy for the historical reconstructive analysis of constitutional theory.

Keywords : Legitimation; Deliberative Democracy; Constitutionalism.

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