Resumen

MAURINO, Gustavo. Democracy, Rights and Judicial Review:: Several Versions of Carlos Nino’s Theory. Anal. filos. [online]. 2015, vol.35, n.2, pp.243-263. ISSN 1851-9636.

The paper analyzes the deliberative justification of judicial review centered on the original contribution of Carlos Nino’s work. It proposes that deliberativism can only defend, consistently, a role for judicial review in a democracy if the institution is radically oriented to the justificatory and deliberative conditions of public policies, practices and decisions, abandoning any substantive evaluation of their consistency with fundamental rights, even those that are considered as democratic preconditions. The paper argues that the most known version of Carlos Nino’s thesis on the subject was partially inconsistent -while trying to preserve some room for substantive judicial review related to a priori rights- and considers an alternative and less known version, presented in one of nino’s last books, where judicial review is constructed with that radically procedimental-justificatory approach.

Palabras clave : Judicial Review; Deliberative Democracy; Fundamental Rights; Moral Constructivism; Structure of Justificatory Practical Reasoning.

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