Perspectives of deliberative and dialogical democracy in the understanding and solution of prison overcrowding

Abstract

This article presents the progress of the research entitled “Study of the effects of structural rulings issued by the Constitutional Court on prison overcrowding as evidence of dialogical and open justice”, within the framework of the research macroproject called: “Dialogic Constitutionalism and emerging rights: Analysis of the impact of constitutional interpretation on the effectiveness of new rights”. Its objective is to analyze the impact of citizen participation in the understanding and solution of prison overcrowding in the face of the interpretations made by the Constitutional Court and, for these purposes, the development of two specific objectives is presented as an advance in order to determine the elements of deliberative and dialogical democracy in the judicial treatment of prison overcrowding and, in addition, to establish the effects of the ruling on prison overcrowding in its different understandings and perspectives. The methodology adopted is based on assuming the problem from a socio-legal perspective, so its approach is qualitative, adopting the deductive method.