Part IV

Democracy and constitutionalism. A boat adrift? Prof. Monica Herman CAGGIANO, State Law Departement, University of Sao Paulo
This paper intends to pay tribute to Minister and Professor Celso Lafer through an analysis the interaction between democracy and constitutionalism during the last centuries. It analyses the main characteristics of a democratic regime from a material and instrumental perspective, without forgetting its specific elements. It continues with the history of constitutionalism since the revolutionary period of July 1789 in France and until today, identifying elements which compose contemporary constitutional texts. The present doctrine which seeks for values inspired by a constitutional ideal even against the text of the constitution, known as neo-constitutionalism, does not concern the principle of legal certainty. Consequently, classical constitutionalism is considered as the appropriate means in order to guarantee democracy of the XXth century.

Key-words: democracy, constitution, constitutionalism, neo-constitutionalism, constitutional mutation, constitutional interpretation, human rights, citizenship

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