THE PARADIGM OF THE DEMOCRATIC STATE OF LAW: CONCEPTUAL STRUCTURE AND CONTEMPORARY CHALLENGES

MAURICIO GODINHO DELGADO, JOSÉ ROBERTO FREIRE PIMENTA, IVANA NUNES
2019 Figshare  
Western constitutionalism is characterized by the presence of three main paradigms. The oldest, known as the Liberal State, arising from the constitutional documents of the eighteenth century in the United States and France, was preceded by the pioneering British constitutionalism, of customary, case law, parliamentary origins, since the seventeenth century. In Brazil, it influenced the Constitution of 1891. The Social State paradigm originated in the constitutional documents of the second
more » ... e of the twentieth century, such as the Mexican Constitution of 1917 and the German Constitution of 1919. In Brazil, this paradigm emerged in the Constitution of 1934 as well as in the Constitution of 1946. Finally, the Democratic State paradigm, also called Humanist and Social Constitutionalism, was designed in Western Europe from 1945/46 onwards, shortly after the end of the Second World War. These three paradigms are studied in this text in order to better understand the inherent characteristics of the Democratic State paradigm. This paradigm, incidentally, only reached Brazil through the Constitution of the Republic of 1988. The present study also analyzes the adversities and challenges faced by the new constitutional paradigm over the past decades in the West.
doi:10.6084/m9.figshare.8205077 fatcat:mn5e3uguhbhi3heqcsnwsqb37y