The popular constitutionalism and dialogue theories in the perspective of Brazilian constitutional jurisdiction

Authors

  • Rodrigo Mendes Cardoso Pontifícia Universidade Católica do Rio de Janeiro (Puc-Rio)

DOI:

https://doi.org/10.4013/rechtd.2014.62.10

Abstract

This paper proposes a reflection about the connections that can be made between the theory of popular constitutionalism, by Larry Kramer; theories of constitutional dialogue, by Christine Bateup; the model of judicial review proposed by João Mangabeira in the Itamaraty Commission (1932-1933); and the constitutional jurisdiction scheme in Brazil’s 1937 Constitution. It discusses the hypothesis that there is an identity between, on the one hand, the central theses of popular constitutionalism and constitutional dialogue and, on the other, some models of parliamentary review of the judicial review that had already been proposed in the late 30s and are currently under discussion in Brazil.

Keywords: judicial review, judicial supremacy, popular constitutionalism, theories of constitutional dialogue.

Author Biography

Rodrigo Mendes Cardoso, Pontifícia Universidade Católica do Rio de Janeiro (Puc-Rio)

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Published

2014-05-18

Issue

Vol. 6 No. 2 (2014): July/September

Section

Articles

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