A Desconstrução Semântica da Supremacia Judicial e a Necessária Afirmação do Judicial Review: uma análise a partir da democracia deliberativa de Habermas e Nino
The judicial supremacy can be characterized as the doctrine that underlies the possibility of the supreme court to say, according with its vision of the constitutional text, what the law is conclusively. This paper assumes that the theory of deliberative democracy, by to postulating a decentralized...
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Main Authors: | , |
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Format: | Article |
Language: | Portuguese |
Published: |
Universidade Federal de Santa Catarina (UFSC)
2013
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Subjects: | |
Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4425664 |
Source: | Seqüência: estudos jurídicos e políticos, ISSN 2177-7055, Vol. 34, Nº. 66, 2013, pags. 113-136 |
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Summary: |
The judicial supremacy can be
characterized as the doctrine that underlies
the possibility of the supreme court to say,
according with its vision of the constitutional
text, what the law is conclusively. This
paper assumes that the theory of deliberative
democracy, by to postulating a decentralized
model of society, constructed intersubjectively
through an open discussion among the
various political and social actors, can also
be used as a critical theory to judicial supremacy.
Thus, using the Gargarella studies
this article will look, based on his vision of
deliberative democracy to demonstrate that
judicial supremacy is harmful to democracy,
because the it removes citizens from the final
decision of most important social issues, and
transfers them to a supreme political power. |
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