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A failed but useful constitution-making process: How Bachelet’s process contributed to constitution-making in Chile
(2023)
This article shows how failed constitutional proposals may contribute to future constitution-making processes by exploring the relationship between the recently failed Chilean constitution-making process (2019–22) and the ...
CONSTITUTIONAL CLAIMS IN ENVIRONMENTAL ISSUES: A PROPOSAL FOR NEW STANDARDS AFTER THE ARRIVAL OF SPECIALIZED AGENCIES AND COURTS (2010-2015)
(PONTIFICA UNIV CATOLICA DE CHILE FACULTAD DE DERECHO, 2016)
In the absence of a clear doctrine and insufficiency of legal precedents, this work proposes four precise criteria to solve and harmonize the procedural coexistence of the Concrete Writ of Constitutionality before the Court ...
Legal philosophy and cosmopolitan constitutionalism. Debates on morality, unity, and power
(Universidad de Jaén, 2020)
Cosmopolitan Constitutionalism is a specific proposal in the international legal debate, the goal of which is the application of constitutional principles at the global level to achieve the universal guarantee of human ...
A (in)constitucionalidade da PEC 33 de 2011: a quem cabe a guarda da constituição?
(Universidade Federal de Santa MariaBrasilUFSMCentro de Ciências Sociais e Humanas, 2013-12-12)
The idea of supremacy of the Constitution brings inculcated the necessity of
performing a law control, reason why two major systems have been created, the one
performed by diffuse/incidental pathway, originating in the ...
Chile’s failed constitutional intent: Polarization, fragmentation, haste and delegitimization
(2023)
This article suggests that the conditions under which the Chilean constitutional process of 2021–22 undertook its task held the seeds of its doom. Constitutional conventions are always tasked with reaching agreements on ...
Diálogo Institucional entre os Poderes Legislativo e Judiciário no Estado Democrático de Direito: o Caso da PEC- 33/2011
(Universidade Federal de Santa MariaBrasilUFSMCentro de Ciências Sociais e Humanas, 2017-12-12)
Abstract: This paper will discuss the relationship between the legislative and judicial branches in the context of a Democratic State of Law. The Federal Constitution has an essential role in the consolidation and effectiveness ...
Participative democracy in the Constitutional Cational Assembly and the Constitution of 1988
(Revista Brasileira Estudos Politicos, 2020-07-01)
This article discusses the forms and results related to the instruments of participatory democracy in the National Constitutional Assembly and in the 1988 Constitution. For this purpose, the main documents that report this ...
Cultura constitucional
(Universidade Federal de Minas GeraisUFMG, 2016-07-20)
The Theory of Constitution appears in the Weimar Constitution context, with the debates of the 1920s, and early 1930s, about the Theory of the State, the Law of the State and the German Constitution itself. The very start ...
Beyond Invalidation: Unorthodox Forms of Judicial Review of Constitutional Amendments and Constitution-amending Case Law in Colombia
(Revista de Investigações Consti- tucionais, Curitiba, 2022)
Judicial invalidation of constitutional amendments has garnered the attention of scholars in the last few years.
Questions like whether and how a court should quash an amendment are at the forefront of contemporary ...
A jurisdição constitucional e o Conselho Nacional de Justiça : a possibilidade do exercício do controle concentrado de constitucionalidade pelo CNJ
(Universidade Católica de Pernambuco, 2011-07-22)
The paper reports the performance of the National Council of Justice in the Constitutional Jurisdiction, as it is in the concentrated contrai of constitutionality as one of the legitimized to the proposition of the direct ...