1. QUANDO A DEMOCRACIA ENCONTRA O CONSTITUCIONALISMO: A DUPLA FACE DA CONSTITUIÇÃO ESTADUNIDENSE.
- Author
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Pires, Matheus Conde and Lima, Jairo
- Subjects
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POLITICAL debates , *DEMOCRATIZATION , *SOVEREIGNTY , *LEGITIMACY of governments , *CONSTITUTIONALISM , *POLITICAL participation , *PARTICIPATION - Abstract
The tension between constitutionalism and democracy is at the epicenter of contemporary legal and political debates. This controversy arises between the dichotomy of ensuring institutional stability or allowing greater popular participation in power. Despite the recent debate, this conflict has been present since the birth of modern democracies. In order to conduct a research on the theoretical bases of this encounter between popular sovereignty and constitutional supremacy, this work sought in the revolutionary moment of the 13 colonies the reference to answer the following problem: what are the theoretical contributions of American independence to the democratic lessening and the consolidation of constitutional supremacy? Through a bibliographic theoretical research, with a hypothetical deductive approach, it was concluded that the American Constituent Assembly, although establishing the first republic founded under popular will, also establishes some limiting elements to democracy. These elements, have become presuppositions in a realistic conception of democracy, making greater democratic participation impossible. [ABSTRACT FROM AUTHOR]
- Published
- 2022
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