7547
The Constitution is the most rigorous instrument ever invented for the government of a community. It, with all its parts and as the fundamental Scripture of an open society, institutes the initial form of the order of the State. Constitutions can enable and develop the democratic method with differ...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
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Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2024
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| Acceso en línea: | http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=pensar&cl=CL1&d=HWA_7547 https://repositoriouba.sisbi.uba.ar/gsdl/collect/pensar/index/assoc/HWA_7547.dir/7547.PDF |
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| Sumario: | The Constitution is the most rigorous instrument ever invented for the government of a community. It, with all its parts and as the fundamental Scripture of an open society, institutes the initial form of the order of the State. Constitutions can enable and develop the democratic method with different degrees of intensity, efficacy and latitude. This paper postulates that in South America it is necessary to increase spaces and discussions on a general theory of the democratic State Constitution. It is urgent to analyze the challenges and dangers, both natural and social, that threaten the stability and growth of constitutional democracy, with special dogmatic attention to the Fundamental Laws of Brazil and Argentina. Although the possibilities of constitutional democracy are infinite, it is vital to study the projection horizon of those challenges that can overwhelm, question or collapse its proposals towards the unattainable but unrenounceable promised land. Democracy must always be deepened with greater democracy. Its optimization lies, among other things, in the conception of a global response against aggressions against the very method it institutes for an entire citizenry, whose members must have, individually, an equal guaranteed sphere of political freedom, given that social freedom, as yet, does not possess firm guarantees |
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