Criação constitucional sem Poder Constituinte: Os limites conceituais do poder de substituição ou revisão da constituição

Translated title of the contribution: Constitution-making (without constituent) power: on the conceptual limits of the power to replace or revise the constitution

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1 Citation (Scopus)

Abstract

This article makes a case against the wide-spread conception of the constitution-making power as a foundational, legally boundless and sovereign constituent power. A conceptual analysis of the power to replace or revise the constitution shows that this understanding is incorrect. Instead, the article advances a socio-ontological conception of the power to replace or revise a written constitution, as a limited deontic power of citizens’ political proxy-agents, who are collectively intentionally recognized as having the status of constitution-makers for performing the function of institutionalizing constitutionalism. This conception illuminates a clearer approach to understand the constitution-making power, and to evaluate the legitimacy of its exercises.
Translated title of the contributionConstitution-making (without constituent) power: on the conceptual limits of the power to replace or revise the constitution
Original languagePortuguese
Article number2
Pages (from-to)56-84
Number of pages28
JournalRevista Brasileira de Politicas Publicas
Volume9
Issue number2
DOIs
Publication statusPublished - 2019
Externally publishedYes

Keywords

  • constitution-making
  • constituent power
  • constitutional change
  • constitutional replacement
  • constitutional revision
  • constitutional amendment
  • Constituent power
  • Constitution-making
  • Constitutional change
  • Constitutional replacement
  • Constitutional revision
  • Constitutional amendment

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