Fundamentos de uma jurisdição constitucional: o ainda incontornável debate sobre quem (não) deve ter a última palavra sobre a constituição
The following paper investigates the main ideas over the contemporaneous debate about the constitutional interpretation legitimacy. In other words, this study is based on the necessity to investigate several topics that build major political institutions, especially the theoretical framework that un...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | Portuguese |
| Published: |
2014
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4925911 |
| Source: | Revista de Estudos Constitucionais, Hermenêutica e Teoria do Direito (RECHTD), ISSN 2175-2168, Vol. 6, Nº. 3 (Outubro - Dezembro), 2014, pags. 336-350 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
The following paper investigates the main ideas over the contemporaneous debate
about the constitutional interpretation legitimacy. In other words, this study is based
on the necessity to investigate several topics that build major political institutions,
especially the theoretical framework that underlies over the Judiciary and the Legislative
Branches. This study is set in the dialectical method: fi rst, we will analyze the foundations
that support the judicial supremacy (thesis) and then, analyze the foundations
that support the legislative supremacy (antithesis), with special attention to the topics
that are against the judicial supremacy. Finally, we will point the issues that reject
any kind of supremacy (synthesis). These topics are known as “Dialogical Promise”
and they represent a type of third alternative between the other two main ideas. By
investigating this theory, we will be able to see the sophistication that there is in this
debate as well as if the performance of the institutions is aligned with its legitimacy. |
|---|