O constitucionalismo popular em uma leitura Rawlsiana

Carlos Bolonha; Bernardo Zettel; Henrique Rangel

doi:10.5433/2178-8189.2014v18n2p171

The POPULAR CONSTITUTIONALISM IN A RAWLSIAN READING

Authors

Carlos Bolonha UFRJ
Bernardo Zettel UFRJ
Henrique Rangel UFRJ

DOI:

https://doi.org/10.5433/2178-8189.2014v18n2p171

Keywords:

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.

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Author Biographies

Carlos Bolonha, UFRJ

Doctorate in Theory and State Constitutional Law from the Pontifical Catholic University of Rio de Janeiro, Brazil (2007)
III Adjunct Professor of the Federal University of Rio de Janeiro, Brazil

Bernardo Zettel, UFRJ

Graduating in law from the National Law School of the Federal University of Rio de Janeiro

Henrique Rangel, UFRJ

Graduating in law from the National Law School of the Federal University of Rio de Janeiro

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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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Issue

Vol. 18 No. 2 (2014)

Section

Artigos

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