BETWEEN CONSENSUS AND DISSENSUS: INSTITUTIONAL DIALOGUE BEYOND THE DICHOTOMY DELIBERATION VS. AGONISM

@article{Alves2016BETWEENCA,
  title={BETWEEN CONSENSUS AND DISSENSUS: INSTITUTIONAL DIALOGUE BEYOND THE DICHOTOMY DELIBERATION VS. AGONISM},
  author={Fernando Alves and Jairo N{\'e}ia Lima},
  journal={Argumenta Journal Law},
  year={2016},
  pages={51-62}
}
Currently, the tension between constitutionalism and democracy has been directed to critiques related to supremacy of judicial review. These approaches indicate that the democratic fragility of Constitutional Courts in comparison to Parliaments requires more popular participation in issues involving Constitutional content and, therefore, constitutional interpretation must be opened to institutional dialogue instead of judicial monopoly. However, for this dialogue to happen it is necessary the… Expand