Brazilian constitutional jurisdiction: between constitutionalism and democracy
DOI:
https://doi.org/10.5007/2177-7055.2008v29n56p151Abstract
This article intends to discuss Brazilian judicial review from the standpoint of deliberative (or procedural) democracy and constitutionalism. It focuses first on the relation between procedural democracy and judicial review stressing the role of the latter in defining and protecting basic rights in order to guarantee the democratic procedure. Second it takes constitutionalism as a theory that emphasizes the protection of basic rights even if it limits the democratic procedure. Then, it shows that the Brazilian Constitution of 1988 has adopted a conception of substantialdemocracy that leads to the limitation of executive and legislative powers by the judiciary through judicial review in order to protect basic rights.Downloads
Published
2010-09-14
How to Cite
KOZICKI, Katya; BARBOZA, Estefânia Maria de Queiroz. Brazilian constitutional jurisdiction: between constitutionalism and democracy. Seqüência - Legal and Political Studies, Florianópolis, v. 29, n. 56, p. 151–176, 2010. DOI: 10.5007/2177-7055.2008v29n56p151. Disponível em: https://periodicos.ufsc.br/index.php/sequencia/article/view/2177-7055.2008v29n56p151. Acesso em: 22 jul. 2024.
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