DELIBERATIVE DEMOCRACY, LEGITIMATION AND EFFECTIVENESS OF THE FUNDAMENTAL PRINCIPLES / DEMOCRACIA DELIBERATIVA, LEGITIMAÇÃO E EFETIVIDADE DOS PRINCÍPIOS FUNDAMENTAIS

AUTOR(ES)
DATA DE PUBLICAÇÃO

2003

RESUMO

The argumentative debate inside society antecedes and renews the bonding force of the constitutional charts. The search for a justification of fundamental rights and principles requires, more than the weight that one might wish to attribute to the role of constitutional jurisdiction, that the relevance of democratic deliberation be taken into account in the process of the formation of a constitutional feeling by the people of the polis, which are at the same time addressees and creators of the fundamental political directives. The most important contribution of recent studies concerning deliberative democracy reside, in fact, in the perception of the utmost relevance of the intersubjective relations between all members of the affected community during the political process, the knowledge of its difficulties and limits, as well as the verification of its merits. In this direction, a vast field is offered for the convergence between opposed theories such as those of liberals and republicans, paving the way for the effective application of popular sovereignty and human rights protection, while considering the supremacy of the value of human dignity as the informative and orientative standard of all activities inherent to life in society.

ASSUNTO(S)

direitos humanos liberdade de expressao legitimacy principios fundamentais deliberative democracy participacao politica civil rights popular sovereignty fundamental principles political participation freedom of expression legitimidade democracia deliberativa soberania popular

ACESSO AO ARTIGO

Documentos Relacionados