<b>Constitutionalism and Democracy from Procedural’s and Substantial’s Views
DOI:
https://doi.org/10.5007/2177-7055.2012v33n65p189Abstract
The goal of this study is to review the themes of constitutionalism and democracy from procedural and substantial views, making a contrast between Dworkin and Ely. The methodology used was the literature review. Inside of this work, it is presented a brief history of constitutionalism, the concept of judicial review, Dworkin’s substantialist view, and Ely’s procedural view. At the end of this work, it is made a contrast between proceduralist and substantialist theories, discussing constitutionalism in Brazil. As a conclusion, it was observed that the contemporary constitutionalism has challenges and both proceduralist and substantialist theories bring contributions to obtain a possible answer to the difficulties encountered in the debate between constitutionalism and democracy.Downloads
Published
2012-12-20
How to Cite
RIBEIRO, Marcia Carla Pereira; CZELUSNIAK, Vivian Amaro. <b>Constitutionalism and Democracy from Procedural’s and Substantial’s Views. Seqüência - Legal and Political Studies, Florianópolis, v. 33, n. 65, p. 189–207, 2012. DOI: 10.5007/2177-7055.2012v33n65p189. Disponível em: https://periodicos.ufsc.br/index.php/sequencia/article/view/2177-7055.2012v33n65p189. Acesso em: 2 jul. 2024.
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