Um caminho possível para a operacionalização das capacidades institucionais
This article adopts the argument of Institutional Capacities as object. Some US constitutionalists, such as Adrian Vermeule, present a critical perspective on the model of judicial deference established by American legal history. On this question, the following prescriptive hypothesis is supported:...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6984051 |
| Source: | Revista de Estudos Constitucionais, Hermenêutica e Teoria do Direito (RECHTD), ISSN 2175-2168, Vol. 10, Nº. 3, 2018 (Ejemplar dedicado a: Setembro/Dezembro), pags. 326-337 |
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| Summary: |
This article adopts the argument of Institutional Capacities as object. Some US constitutionalists, such as Adrian Vermeule, present a critical perspective on the model of judicial deference established by American legal history. On this question, the following prescriptive hypothesis is supported: judicial deference must be supported by the general idea that institutions should guide their actions from an understanding according to which their institutional capacities, rather than their position in the arrangement constitutional, are decisive for the attainment of its purposes. In order to support this hypothesis, a research of an analytical and exploratory character is carried out, assuming as presupposition a type of institutionalism in which the manifestations of the Executive Power receive significant notability due to the implications that cause the law (which, necessarily, derives from the fact that these manifestations constitute the Law). The objective is to reflect on the Brazilian institutional situation and its practical difficulties in the legal-political field. In order to approach the theoretical North American matrix in the current Brazilian institutional context, it will be of special importance to resort to research developed by Brazilian Law Teachers. Thus, we intend to contribute to the elaboration of a model of constitutional project that recognizes the inherent difficulties of the current separation of powers in Brazil.Keywords: deference, institutional capacities, authority. |
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