Constitutional precommitment and collective autonomy: Can they be reconciled?
One of the central goals in contemporary constitutional theory is the search for a democratic process that protects individual rights and guarantees from risk, while also defending its own integrity. There is an inherent tension between the concepts of constitution (understood as a mechanism that sa...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
2015
|
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5327219 |
| Source: | Revista de Estudos Constitucionais, Hermenêutica e Teoria do Direito (RECHTD), ISSN 2175-2168, Vol. 7, Nº. 3, 2015 (Ejemplar dedicado a: Setembro/Dezembro), pags. 235-242 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
One of the central goals in contemporary constitutional theory is the search for a democratic process that protects individual rights and guarantees from risk, while also defending its own integrity. There is an inherent tension between the concepts of constitution (understood as a mechanism that safeguards individual rights and liberties) and democracy (taken as collective autonomy). Some scholars have tried to reconcile these ideals using the notion of constitutional precommitment that defines a constitution as a self-imposed constraint put into effect by and for the people in order to ensure the fundamental values and conditions of democracy. This paper analyzes the precommitment model in constitutional theory especially according to the current U.S. debate. In the final analysis, adding new elements to this discussion, this work defends that the relationship between precommitment and collective autonomy may be better understood with the redefi nition of the concepts of constitution and democracy.Keywords: constitutional precommitment, collective autonomy, democracy, people. |
|---|