“NÓS , O POVO”? AS CONSTITUIÇÕES IMPOSTAS E O MITO DA SOBERANIA POPULAR - DOI: 10.12818/P.0304-2340.2021v78p81
Year: 2021
Type: article
Abstract: The current view of the popular sovereignty concept breaks with a theoretical position conceived mainly in the 19th century based on the ideas of liberalism.Are we facing a theoretical-systematic reduction of popular sovereignty and its nature?The research is linked to the fact that the ideas contained in popular sovereignty were precisely invented in order to increase loyalty to an inclusive, participatory policy, which meets the wishes of its population.The article goes into this field and examines the definition of "imposed constitutionalism" and "imposed constitution" that has marked the creation of constitutions in contemporary times from a perspective of semantic meanings construction.Thus, it is identified that all constitutions are considered imposed: externally; under external influence; internally, being subdivided into generational, majority, elitist and jurisdictional; and imposed with consent (heteronomes), subdivided into constitutions amended by an external actor, awarded by an external actor and interpreted by an external actor.We conclude that popular sovereignty exists to provide powerful rhetoric for desirable domestic and global normative principles.It was found that every constitution has, in a certain way, an imposing trait and, in this sense, there is a need to elucidate the following structural elements
Language: Portuguese
Topic: Brazilian Legal Issues
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4200378226