TRANSNATIONAL NORMS AND CONSTITUENT POWER: BIOPOWER CONNECTIONS

• Autor(a) principal: Leão de Castro, Vinícius
• Data de Publicação: 2018
• Outros Autores: Mayara Alves de Almeida, Laryssa, Rabay Guerra, Gustavo
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Revista Direito UFMS
• Texto Completo: https://periodicos.ufms.br/index.php/revdir/article/view/4383

The article examines important paradigms to constitutional law and for discussions between law and politics, as contractualism, constitutionalism, constituent power and transjuridicity through connections (element that makes the difference between knowledge process to develop new views - thoughts - on those processes). The first section is dedicated to investigate connections between contractualism and modern constitutionalism to demonstrate the use of various power paradigms in the relationship between sovereignty and power. The second part is focused on the connections between the construction of transnational rules and the transformation of the constituent power and its approach to global constitutionalism, with the change of the political system. Third, it shows the identification of the constituent power with the values as an internal source of legitimacy of the political system and biopower in establishing constitutionalism as the only way to accommodate law and politics in the control of society. Thus describes the elements that support the relationship between transjuridicity and constituent power through biopower connections.