Aspectos políticos e históricos do constitucionalismo
Fecha
2019Autor
Demetrio Alexandre, André
Dalpupo de Lara, Gustavo
Kozicki, Katya
Cattoni de Oliveira, Marcelo Andrade
Bustamante, Thomas
Karam de Chueiri, Vera
Documentos PDF
Resumen
From a dualist political perspective the normative hierarchy of constitutional
norms are ensured by means of procedural limits on constitutional reforms,
which represent a division between constitutional and ordinary law. However,
this is not the only sort of restraint that constitutional systems place upon
amending power, substantive limits are part of many constitutions around the
world. The effectiveness of both procedural and substantive clauses depends
on how the violating acts will be controlled. Should democratic concerns be
already present in judicial review of ordinary law, they are weightened when
the subject of review is a constitutional amendment. The main reason lies in
the greatest democratic demands of constitutional amendments in comparison
to ordinary law. Constitutional amendments are in between constituent and
constituted powers. The debate on judicial review of substantive limits to constitutional
amendments faces one more democratic challenge, that is, the implicit
substantive restrains on the amending power. In this approach, constitutional
courts define some rights or structures as unamendable even though they are
not expressly set in the constitutional text. Considering that both Brazil and
Colombia have a practice in judicial review of constitutional amendments, we
focus on how the Supremo Tribunal Federal and the Corte Constitutional de
Colombia explain their competence and the role of implicit substantive limits
to derived constituent power. In doing so we demonstrate at what extent Brazil
and Colombia judicial powers are related to popular sovereignty.
Palabras clave
ConstitucionalismoEnlace al recurso
https://www.academia.edu/38852035/UNCONSTITUTIONAL_CONSTITUTIONAL_AMENDMENTS_A_COMPARATIVE_ANALYSIS_BETWEEN_BRAZIL_AND_COLOMBIAColecciones
- Año 2019 [125]
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