The POPULAR CONSTITUTIONALISM IN A RAWLSIAN READING
DOI:
https://doi.org/10.5433/2178-8189.2014v18n2p171Keywords:
Constitucionalismo Popular, Constituição popular, Razão Pública, “Justiça como Equidade”, Judicial Review.Abstract
The development of the political activity on the Judiciary branch at the twentieth-century sparked critical appointments in the constitutional theory as the Popular Constitutionalism. Among their notes, the Legislative is legitimated to actuate according to a Popular Constitution daily observed. Under certain imperfections left by this side of constitutional thought, we use conceptions brought by John Rawls to indicate (I) political issues are faced by democratic institutions which composes the basic structure of a well-ordered society, and (II) the role of Popular Constitution may be exercised by elements of rawlsian theory, when the principles of justice identify a legitimate parameter on democratic deliberations and the public reason allows the performance of these institutions and is continuously monitored by the citizens in the name of futures generations.Downloads
Published
2014-10-07
How to Cite
Bolonha, C., Zettel, B., & Rangel, H. (2014). The POPULAR CONSTITUTIONALISM IN A RAWLSIAN READING. Scientia Iuris, 18(2), 171–188. https://doi.org/10.5433/2178-8189.2014v18n2p171
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