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- Title
Las Disputas de Género del Pueblo Soberano: La Domesticación del Poder Constituyente por Parte del Constitucionalismo Liberal en los Plebiscitos de Colombia y Chile.
- Authors
Pabón Mantilla, Patricia; Estupiñan Achury, Liliana
- Abstract
This text starts from two central questions: What is the influence of gender disputes on the battlefield of constituent power? And from this reading, what are the challenges for a democratic and transformative constitutionalism? We will first approach the discussion on popular sovereignty, constituent power and constituted power, reviewing the tradition of constitutionalism, second we will approach the various criticisms proposed to the tradition, especially the criticism of the agonistic democracy model and the feminist critique of law and third we will perform an analysis of the case of Colombia in the victory of the No in the Plebiscite for peace in 2016 and the recent case of the closing plebiscite in Chile, where the No to the constitutional reform triumphed. In both cases there is a meeting point: the disputes around gender, the discourse of fear and the role of the arguments of conservative elites. The triumph of the No vote in both processes allows us to glimpse, on the one hand, the gender disputes within the constituent power, where the struggles for the guarantee of rights that are vindicated from the feminist critique of law have to capitulate to achieve minimums in divisive issues such as sexual and reproductive rights and sexual diversity, where representation is maintained, in the face of the triumph of the majorities, but without achieving the guarantee of recognition or the construction of a constitutional consensus that allows progress in the implementation of what has been decided. From there, the institutional solution to the No allows us to analyze the way in which the law, and specifically constitutionalism through the constituted power, ends up domesticating the constituent power that imposes itself on the sovereign people. Gender disputes make it possible to reveal the inadequacies of constitutionalism, which continues to depend on liberal representative democracy for its implementation. The problem formulated is approached from the comprehensive hermeneutic paradigm, starting from a review of documentary sources following the technique of discourse analysis.
- Subjects
CONSTITUENT power; PLEBISCITE; GENDER; CONSTITUTIONALISM
- Publication
Verba Iuris, 2023, Issue 50, p75
- ISSN
0121-3474
- Publication type
Article
- DOI
10.18041/0121-3474/verbaiuris.50.10532