The Ambibuities of «Granted Constitutionalism»: A Transatlantic Debate (III)
DOI:
https://doi.org/10.17811/hc.v0i19.530Keywords:
brazilian constitution of 1824, constituent power, constitutionalism (ancient and modern), granted constitutionalism, numinosum, regimen morum.Abstract
Our journey ends in Brazil. According to textbooks on constitutional history, this recently-declared "periphery" country looked with envy at the European and North American constitutional innovations, while trying to maintain its own identity. Olhos na Europa, pés na América? Doubtlessly, it is still necessary to measure the extent of this "Europe", admired in both space and time. The doctrine criticizing the granted Constitution of 1824, rated as nominal, had hidden the reality for too long; that is, a unique constitutionalism, involving both social and institutional engineering, therefore it is not reducible to the modern constitutionalism. The political agents of Brazil, Catholics and legal experts, endowed with a solid Roman culture, could not deny all the lessons delivered by the mos maiorum and by the medieval constitutionalism, based, according to them, on the fear of God, good virtues and the maintenance of a mixed government.
Enviado el (Submission Date): 23/02/2018
Aceptado el (Acceptance Date): 5/04/2018
Downloads
Published
Issue
Section
License
Authors who publish with this journal agree to the following terms:- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
- Journal can use the published works for future publications.
- Authors must inform the journal of later publications of their text.
