Dossier's presentation. The Constitutional Reasoning Culture in Latin America
| Autor | Johanna Fröhlich |
| Cargo | Universidad San Francisco de Quito |
| Páginas | 15-17 |
15
dossier
Johanna Fröhlich (2018). Presentación del dossier. La cultura del razonamiento constitucional en América Latina,
Iuris Dictio 21, 15-17.
ISSN 1390-6402 / e-ISSN 2528-7834.
DOI: http://dx.doi.org/10.18272/iu.v21i21.1134
D’ . T C R
C L A
Presentación del dossier. La cultura del razonamiento
constitucional en América Latina
J F (.)
Universidad San Francisco de Quito
e relevance of studies on constitutional reasoning has grown parallel with the interest in
engaging with the global constitutional discourse. Initially, the interest to know other countries’
answers to certain common problems emerged together with the evolution of comparative
constitutional law into a separate discipline. Over time, it has become clear that there are
numerous dierent solutions for our common concerns and that these depend on the social,
political, historical context and the concrete needs of the country in question. Even though the
answers can be dierent, the way we approach, discuss and debate these problems seem to be
very similar.
erefore, the question put forth by comparative constitutional reasoning is not what
the answers are, but how we understand and nd them. In Latin America today, we encounter
several divisions like race, religion, social welfare, education, gender etc. that are reected in the
dierent theories and doctrines of the region’s constitutional laws. e question that concerns
us is if one can still look for and nd a common ground in the midst of these divisions, which
could serve as a basis for engaging, understanding and discussing constitutional issues.
It is the attempt of this Dossier to start such a dialogue within the Latin American
region, by including scholars also from outside and inside the Latin American region. Among
the articles presented in this Issue, we can nd several topics that focus on the dialogue both on
a global and on a regional, Latin American level, like the one on the cross-fertilization of the
Inter-American Court of Human Rights and the European Court of Human Rights or the one
on conventionality control. Others discuss key concepts of the region’s constitutional reasoning,
such as the principle of equality and constitutional identity. Furthermore, the rst article serves
as a proposal to discuss the universal question of what makes a good lawyer. e key condition
to engage in a debate about these problems require an open and honest debate.
e problem of understanding and the method we use to argue and debate dierent
issues holds an important role in public debate. Language and reasoning are not mere means
of communication, but they also represent the fundamental questions of existence, as it was
pointed out by Heidegger in Being and Time (1927). Understanding the world begins with
understanding ourselves: the beings we are, the time and context in which we exist, the reality
that surrounds us, and our immediate problems. us, and following Hans-Georg Gadamer
in Truth and Method (1960), the means through which we understand the world is “ourselves”.
Hence, we have more than only the capacity to know ourselves: we are also able to understand
others and challenge ourselves in order for a better understanding. We have, therefore, the ability
to reect honestly, openly and responsibly on our views in order to recognize what motivates
us and what are the justications of our decisions. is reection can only happen through
providing and accepting reasons, i.e. debating openly and truly listening to the arguments of
others, just as occurs in human life in general.
A healthy and functional public discourse, therefore, assumes a common ground,
since all the opinions demand to be recognized in the light of a common goal: to discuss how
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