Deliberation and popular sovereignty in the constitutional reform of mendoza: Finding the legitimacy

In the reform process of the yore Constitution of Mendoza, this project has as purpose explaining the tensions occurring in constitutionalism as to popular sovereignty, el constitutional branch and the place of the people. In this theoretical framework, the hypothesis adopted consists of the difficulty to materialize constitutional change obeys to the attempts are exclusively addressed to legal procedures, which were not designed to favor the democratic and discursive exchange of reasoning between the State and the people. Facing this problem, the development of “extra-constitutional” practices derived from a deliberative theory of democracy, will contribute to provide democratic legitimacy to the actual reform.