Análise crítica da Proposta do Constitucionalismo Popular de Kramer e da Defesa da Supremacia Judicial
Revista de Direito Administrativo e Infraestrutura | RDAI
Análise crítica da Proposta do Constitucionalismo Popular de Kramer e da Defesa da Supremacia Judicial
Autor Correspondente: Lara Bonemer Rocha Floriani | [email protected]
Palavras-chave: constitucionalismo popular, supremacia judicial, tirania
Resumos Cadastrados
Resumo Português:
Resumo Inglês:
Popular constitutionalism arises as a counterpoint to liberal constitutionalism, by rejecting the supremacy of the Judicial Power and proposing the transfer of the final, binding, interpretative authority of the Supreme Court to the people. The theory, which had its most prominent manifestation in Larry Kramer's work, is based on a popular dissatisfaction with the current constitutional model and on the perspective that the people are the best interpreter to preserve the real meaning of the constitutional text. However, according to the perspective adopted in this paper, the proposal starts from mistaken assumptions, affecting, in particular, their subsistence and practical implementation. ln this article, using the hypothetico-deductive method, the theory of popular constitutionalism is analyzed, followed by the criticisms developed under the conceptual aspect and the fundamental bases of the proposal of Larry Kramer. The analysis reveals that Kramer, seeking to prevent judicial tyranny, defends the proposal of popular constitutionalism, while the criticisms are directed in the sense that the fragility of the judicial supremacy gives roam for a popular tyranny. However, solutions to this dilemma are decided in politics, not law.