Constitutional Sociology and Politics: Theories and Memories
Constitutional Sociology and Politics: Theories and Memories
Author(s): Paulo Ferreira da CunhaSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: Legitimacy; Constituent power; material Constitution; Constitutional Sociology; Constitutional History; Constitutional General Theory
Summary/Abstract: This article deals with some of the main concepts of the general theory of Constitutional Law, its essence and phenomenology, as well as attempts to clarify the being and meaning of this field of the juridical sciences. Thus, one has to excavate difficult but very relevant questions such as legitimation and legitimacy, constituent power and material constitution. In this issue I concentrate on the origins of constituent power and the relations between constituent power and the material constitution. The examples are chosen from among various constitutional traditions, mainly the classical Western (English, American, French), and also Portuguese constitutional history. These concepts are not merely abstract. They are alive as the contemporary general political and constitutional situation shows.
Journal: Silesian Journal of Legal Studies
- Issue Year: 2013
- Issue No: 5
- Page Range: 11-30
- Page Count: 20
- Language: English