Complex system and constitutional law
DOI:
https://doi.org/10.4013/rechtd.2015.73.05Abstract
This article aims to provide scientific resources to understand the constitutional order as a system. The authors defend the hypothesis that, in this order, there is a dynamic character which can only be analyzed within a systemic theory. This enquiry was directed to a debate called general systems theory, in which alternative proposals are offered. After a brief explanation of the discussion, the article presents a clear positioning in defense of a particular scientific and systemic paradigm – the complex systems theory. The main concepts of this theory, such as emergent properties, are more precisely defined and related to constitutional law, demonstrating how it conceives terms such as “system” and “systemic effects” and may contribute to research focused on problems and subjects of the constitutional order.
Keywords: institutional theory, constitutional law, complex systems.
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