THE "POLICY INSTITUTIONALIZATION": IMPASSE BETWEEN CONSTITUTIONALISM AND DEMOCRACY.
This article seeks to analyze the relationship of apparent conflict between constitutionalism commonly understood as a set of limitations on state power, and democracy commonly seen as the power of the majority. Wanted claim that constitutionalism is not opposed to democracy; unlike constitutionalis...
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| Format: | article |
| Status: | Published version |
| Publication Date: | 2018 |
| Country: | Brasil |
| Institution: | Universidade Nove de Julho (UNINOVE) |
| Repository: | Revista Thesis Juris |
| Language: | Portuguese |
| OAI Identifier: | oai:ojs.periodicos.uninove.br:article/8996 |
| Online Access: | https://periodicos.uninove.br/thesisjuris/article/view/8996 |
| Access Level: | Open access |
| Keyword: | Constitutionalism. Democracy. Fundamental rights. Minorities. Constitucionalismo. Democracia. Direitos e garantias fundamentais. Minorias. |
| Summary: | This article seeks to analyze the relationship of apparent conflict between constitutionalism commonly understood as a set of limitations on state power, and democracy commonly seen as the power of the majority. Wanted claim that constitutionalism is not opposed to democracy; unlike constitutionalism it gives opportunity, preserves and protects democracy for generations to come in the form of prior commitments, here understood as principles and rules agreed by the power originates, with a view to political organization, the separation of powers and the rights and guarantees . Therefore, it shows that constitutionalism in instituting constitutional restrictions rather than presenting themselves as undemocratic are reinforcements to democracy, they can produce or enhance freedom, given that constitutionalism does not achieve as only the protection but also the mechanisms of protection of minorities. |
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