Random Democracy and Constitutional Juristocracy

Through the reaffirmation of self-government and pluralism, this paper aims to propose means of increasing participation and inclusion of the greatest number of actors in the decision-making process in order to give it greater legitimacy from a democratic perspective, either to broaden the participants in the deliberation or to reveal the interests behind the claims. In this sense, it is proposed the formation of popular courts through mechanisms of random democracy, notably the draw, as an instrument of inclusion of the common citizen in the process of constitutional interpretation, more specifically in the concentrated control of constitutionality or judicial review regarding social, political and economic relevant themes. The popular appropriation of the Constitution is promoted instead of the current “juriscentric” monopoly through dialogue with the social movements and other political actor committed to changing reality. This is where democracy acquires its existence.