{"title":"宪法修改的必然性及其民主潜力","authors":"Antoni Abat Ninet","doi":"10.5380/rinc.v7i3.73540","DOIUrl":null,"url":null,"abstract":"Constitutional law and Democracy are two domains that are inevitably in tension. Nevertheless, there have been theories and proposals to improve the necessary coexistence of both elements in modern constitutional democratic systems. Richard Albert's work distinguishes between constitutional changes (amendments and dismemberments) and introduces a non-merely symbolic role to the people in terms of legitimacy, can be qualified as one of these theories. This paper focuses on the democratic input that Albert proposes along with his book.","PeriodicalId":43129,"journal":{"name":"Revista de Investigacoes Constitucionais-Journal of Constitutional Research","volume":null,"pages":null},"PeriodicalIF":0.3000,"publicationDate":"2020-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The inexorableness of constitutional amendments and its democratic potentiality\",\"authors\":\"Antoni Abat Ninet\",\"doi\":\"10.5380/rinc.v7i3.73540\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Constitutional law and Democracy are two domains that are inevitably in tension. Nevertheless, there have been theories and proposals to improve the necessary coexistence of both elements in modern constitutional democratic systems. Richard Albert's work distinguishes between constitutional changes (amendments and dismemberments) and introduces a non-merely symbolic role to the people in terms of legitimacy, can be qualified as one of these theories. This paper focuses on the democratic input that Albert proposes along with his book.\",\"PeriodicalId\":43129,\"journal\":{\"name\":\"Revista de Investigacoes Constitucionais-Journal of Constitutional Research\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.3000,\"publicationDate\":\"2020-11-17\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Revista de Investigacoes Constitucionais-Journal of Constitutional Research\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.5380/rinc.v7i3.73540\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Revista de Investigacoes Constitucionais-Journal of Constitutional Research","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.5380/rinc.v7i3.73540","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
The inexorableness of constitutional amendments and its democratic potentiality
Constitutional law and Democracy are two domains that are inevitably in tension. Nevertheless, there have been theories and proposals to improve the necessary coexistence of both elements in modern constitutional democratic systems. Richard Albert's work distinguishes between constitutional changes (amendments and dismemberments) and introduces a non-merely symbolic role to the people in terms of legitimacy, can be qualified as one of these theories. This paper focuses on the democratic input that Albert proposes along with his book.
期刊介绍:
The journal’s editorial line follows the main research areas developed by the research group (NINC), with focus on the critic study of Constitutional Law and legal and political institutions, and their connections with democracy, state intervention, fundamental rights and theories of justice, with particular emphasis on issues inserted into the contact points with fields of Public Law intimately connected with Constitutional Law, such as Administrative Law, Electoral Law and Theory of the State.