JEREMY WALDRON’S CRITICISM TO CONTEMPORARY CONSTITUTIONALISM
DOI:
https://doi.org/10.5380/rfdufpr.v59i2.35730Keywords:
Constitutionalism. Democracy. Jeremy Waldron.Abstract
This paper presents and discusses Jeremy Waldron’s criticism of contemporary constitutionalism – namely against constitutional theories that focus the discussion of constitutional democracy on protection of fundamental rights and its withdrawal from the political debate. To these ends, first are presented the constitutional arguments that Waldron opposes, after which appear his criticisms of constitutionalist thesis, as well as his proposals for reconciling the constitutional ideal and democracy. Finally, will be made an assessment about the limits of each of the theories under discussion.
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