Legitimidad democrática y control judicial de constitucionalidad. (Refutaciones al carácter contramayoritario del poder judicial)

Abstract

This essay addresses a highly topical subject of increasing interest in Western legal mandamuses today, as focused on debating the role to be played by judges within the democratic system. This is how the problem po sed to Constitutional Law and Political Science by the socalled countermajority objection of the Judiciary, essentially based on the fact that the judges, by not being popularly elected but rather in a very mediate manner , should not, in exercising constitutional control, become the censors of acts and omissions of the other State powers. Against this stance widely spread among academic centers in the United States, nine arguments are submitted, all leading to either neutralize or overcome this objection, and among which those of deep republican rooted politics intertwine with others closer to constitutionaltechnique questions.