Constitutional opening and democratic pluralism: the tension in separation of powers under the optics of participative institutions
DOI:
https://doi.org/10.5007/2177-7055.2018v39n78p149Abstract
This paper aims to apply the developments of democracy critical theory and its implications to constitutional hermeneutics in order to reframe the debate surrounding balance between the constitutional jurisdiction and the circuit government-parliament, inserting as a control element the Participative Institutions in the Brazilian case. For this purpose, both the proposition of opening in constitutional hermeneutics, summarized in the concept of an open society of interpreters from Peter Häberle, and the conception of controlling the Political Sphere from the Public Sphere, in Habermas, will be used as theoretical framework reinterpreted under the optics of Participative Institutions.Downloads
Published
2018-06-18
How to Cite
ANDRADE, Cauê Ramos; GASPARDO, Murilo. Constitutional opening and democratic pluralism: the tension in separation of powers under the optics of participative institutions. Seqüência - Legal and Political Studies, Florianópolis, v. 39, n. 78, p. 149–174, 2018. DOI: 10.5007/2177-7055.2018v39n78p149. Disponível em: https://periodicos.ufsc.br/index.php/sequencia/article/view/2177-7055.2018v39n78p149. Acesso em: 3 jul. 2024.
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