Constitutionalism and Democracy from Procedural’s and Substantial’s Views

• Autor(a) principal: Ribeiro, Marcia Carla Pereira
• Data de Publicação: 2012
• Outros Autores: Czelusniak, Vivian Amaro
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Sequência (Florianópolis. Online)
• DOI: 10.5007/2177-7055.2012v33n65p189
• Texto Completo: https://periodicos.ufsc.br/index.php/sequencia/article/view/2177-7055.2012v33n65p189

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.