What's So Democratic in " democratic constitutionalism " ?

• Autor(a) principal: Oliveira Junior, José Alcebíades de
• Data de Publicação: 2016
• Outros Autores: Moreira, Pedro da Silva
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Conpedi Law Review
• Texto Completo: https://www.indexlaw.org/index.php/conpedireview/article/view/3519
• topic: Constitutionalism; Democracy; Fundamental rights; Legislation; Disagreement.; Constitucionalismo; Democracia; Direitos Fundamentais; Legislação; Desacordo.

The main idea of this paper is to raise questions on the democratic character of “con- temporary constitutionalism”. In this sense, we present the ideas of four renowned scholars and the core of their theses, whose influence – especially in the “Latin world” – is undenia- ble. They are Manuel Atienza, Luigi Ferrajoli, Luis Prieto Sanchís and Gustavo Zagrebel- sky. Among the many differences that characterize them, their accounts have at least one thing in common: enthusiasm for the constitutional project. To that extent, they stress the normativity of the Constitution and the “civilizing feature” of constitutional values. We address several objections to this understanding, taking into consideration the fundamen- tal right to participate on political affairs, including issues related to substantive rights, which require political and moral developments. To do so, we must take seriously the fact of disagreement and the fact of pluralism as elements of the process of protection and realization of fundamental rights. These rights are also subject to a decision-making process.