The role of Constitutional Courts in new democracies : the Mexican caseThe role of Constitutional Courts in new democracies : the Mexican case
Patiño Alvarez, Aída Araceli
Faculty of Law
Nordic journal of international law. - KÝbenhavn
34(2011):3/134, p. 55-84
University of Antwerp
This paper aims to discuss the role of constitutional courts in new democracies and to ascertain if the concept of deliberative democracy is helpful in that respect, on the basis of a quantitative study on judicial review in Mexico during the transition period (1995-2006). Drawing on the literature on deliberative democracy, we propose a framework for analyzing the role of constitutional courts in new democracies. On the basis of this framework, we argue that constitutional courts could support the democratization process through their deliberative judgments and explain why the Mexican judicial review system has failed to support the democratization process.