Notas sobre Cultura, Constitución y derechos culturales
The author in this essay examines the various Constitutional implications of the concept of culture. The presupposition is, obviously, the conception, elaborated by Peter Häberle, of the theory of the Constitution as science of culture. In the developing of his explaining, the author argues the conc...
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| Main Author: | |
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| Format: | Article |
| Language: | Spanish |
| Published: |
Junta de Andalucía: Instituto Andaluz de Administración Pública
2010
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=3411151 |
| Source: | Revista de derecho constitucional europeo, ISSN 1697-7890, Nº. 13, 2010, pags. 47-66 |
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| Summary: |
The author in this essay examines the various Constitutional implications of the concept
of culture. The presupposition is, obviously, the conception, elaborated by Peter
Häberle, of the theory of the Constitution as science of culture. In the developing
of his explaining, the author argues the concept of «cultural Constitution», considering
that culture is integrated into the constitutional system without creating an immobile
compartment and the concept of «State of culture», because cultural pluralism
may be limited by State action. The author thinks that the Portuguese Constitution
of 1976 recognizes the cultural phenomenon with its many implications but guaranteeing
the pluralism. It is what he defines a «cultural democracy». |
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