Democratic Constitutionalism, Constituent Processes, and
Constitutional Reforms

Chairs
• Gustavo Ferreira Santos: gustavo.santos@unicap.br
• Roberto Viciano Pastor: roberto.viciano@uv.es
• Miguel Antonio Bernal: miguel.bernal@up.panama
• Gorki González: gorki.gonzales@pucp.edu.pe

Constitutionalism and democracy are terms that are associated, although they refer to different and, to a certain extent, opposing ideas. Whilst ‘constitutionalism’ emphasises the limitation of power through the protection of rights, democracy refers to the problem of the popular legitimation of power. Constitutional practice must assume the challenge of harmonising both ideas, avoiding the objective of limiting power becoming a pretext for restricting the access of certain individuals and groups to institutions. At the same time, it must prevent the justification of the popular foundation of power being used to render rights vulnerable and to concentrate power.

Faced with formal constitutionalism or authoritarianism concealed under a constitutional guise, the term ‘democratic constitutionalism’ responds to this commitment and is used to define different constitutional movements that assume the task of reconciling both terms, seeking their true fulfilment. The workshop welcomes works that deal with different meanings and aspects of ‘democratic constitutionalism’ in constitutional theory (constituent power and constitutional reform), constitutional history (constitutional movements), or comparative law (democratic constituent experiences or specific problems regarding the attempt to democratise constitutional reform procedures). This includes, for example, topics such as: mechanisms of citizen participation, the role of constitutional courts in the protection of rights within a democratic framework, decentralisation and regional autonomies as tools for the democratisation of power, the impact of digital technologies on democratic participation, minority rights ensuring inclusion and representation, and civic education and constitutional culture.