TY  - JOUR
T1  - A Desconstrução Semântica da Supremacia Judicial e a Necessária Afirmação do Judicial Review: uma análise a partir da democracia deliberativa de Habermas e Nino
A1  - Caballero Lois, Cecília
PB  - Universidade Federal de Santa Catarina (UFSC)
YR  - 2013
UL  - http://biblioteca.ararteko.eus/Record/dialnet-ar-18-ART0000588075
AB  - 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.
KW  - Democracia
KW  - Teoria Deliberativa
KW  - Supremacia Judicial
KW  - Democracy
KW  - Deliberative Theory
KW  - Judicial Supremacy
ER  -