INTERMEDIARY DECISIONS AND THE CONTRIBUTION OF THEORY OF LAW
This article will expose a relation between Constitutional Law and Theory of Law. The focus is on intermediary or lato sensu manipulative decisions, which arise in the juridical regime of judicial review as means of simultaneously effecting deference to the hierarchy of Constitution with the functio...
| Author: | |
|---|---|
| Format: | article |
| Status: | Published version |
| Publication Date: | 2024 |
| Country: | Brasil |
| Institution: | Instituto Carlos Alexandre Moraes (ICAM) |
| Repository: | Revista de Constitucionalização do Direito Brasileiro (Online) |
| Language: | Portuguese |
| OAI Identifier: | oai:ojs2.revistareconto.com.br:article/120 |
| Online Access: | http://revistareconto.com.br/index.php/reconto/article/view/120 |
| Access Level: | Open access |
| Keyword: | Teoria Geral do Direito Hermenêutica constitucional Decisões intermediárias Theory of Law Constitutional hermeneutics Intermediary decisions |
| Summary: | This article will expose a relation between Constitutional Law and Theory of Law. The focus is on intermediary or lato sensu manipulative decisions, which arise in the juridical regime of judicial review as means of simultaneously effecting deference to the hierarchy of Constitution with the functional tripartition or of ‘‘Powers’’. For this, it is necessary to deal with the judgment of unconstitutionality and its consequences, and the normative postulates that the Theory of Law proposes as useful for intermediary decisions. Finally, the most general classes of intermediary decisions will be expose, in order to relate the previous items and contribute to a greater systematization of the theme addressed. |
|---|