The Democratic Constitutionalism or Neoconstitutionalism as triumphant ideology during 20th century

Authors

  • Luis Roberto Barroso Universidade do Estado do Rio de Janeiro (UERJ) e Centro Universitário de Brasília (UNICEUB)

DOI:

https://doi.org/10.12957/publicum.2018.35777

Keywords:

Democratic Constitutionalism, Constitutional History, Neoconstitutionalism, Judiciary, Constitutional Interpretation.

Abstract

The following essay intends to analyze the main points about democratic constitutionalism, since this is the triumphant ideology during 20th Century. Therefore, the work is structured in three parts. The first part addresses constitutionalism central aspects, mostly the American model, the one that has impacted the Brazilian constitutional model, besides the Constitutional State of Law central aspects. The second part is about the constitutionalism in Brazil. Here, we address Brazilian constitutional history milestones and the advances provided by the Constitution of 1988, specially after its paradigmatic changes. The third part analyzes what we call as Brazilian new constitutional law, that is attached to neoconstitutionalism. In this moment, we focus on the Judiciary profile change and how this institution became protagonista in our daily lives.

Author Biography

Luis Roberto Barroso, Universidade do Estado do Rio de Janeiro (UERJ) e Centro Universitário de Brasília (UNICEUB)

Professor Titular de Direito Constitucional da Universidade do Estado do Rio de Janeiro. Ministro do Supremo Tribunal Federal.

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Published

2018-11-07

How to Cite

Barroso, L. R. (2018). The Democratic Constitutionalism or Neoconstitutionalism as triumphant ideology during 20th century. Revista Publicum, 4, 14–36. https://doi.org/10.12957/publicum.2018.35777

Issue

V. 4, Edição Comemorativa (2018)

Section

Artigos Científicos

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Publicum está licenciado com uma Licença Creative Commons Atribuição-NãoComercial 4.0 Internacional.