C. Ignacio Giuffré (Universitat Pompeu Fabra) has posted Dialogic Turn in Constitutionalism: An Analysis of the Conditions for its Appearance on SSRN. Here is the abstract:
The main purpose of this article is to analyze the conditions under which the so-called dialogic, deliberative, or discursive constitutionalism emerged. For this purpose, such conditions mean any institutional and cultural—political, historical, social, legal, academic and constitutional—circumstances favoring or contributing to the emergence, explanation, consolidation, and improvement of a dialo- gic constitutionalism model and theory. The claim in this article is that dialogic constitutionalism emerged by the end of the 20th century because of two circumstances.