TITLE:
Constitutional Jurisdiction and Democracy: Linguistic Apprehension of Legal Events
AUTHORS:
Juão Vitor Santos Silva, Cássius Guimarães Chai, Mônica Fontenelle Carneiro, Daury César Fabriz, Graciela de Rezende Henriquez
KEYWORDS:
Constitutional Jurisdiction, Democracy, Dieter Grimm, Language Theory
JOURNAL NAME:
Beijing Law Review,
Vol.15 No.3,
September
18,
2024
ABSTRACT: The central problem addressed is “what is political in constitutional jurisdiction?” exploring the role of constitutional courts in democracy. Authors such as Kelsen, Schmitt, Grimm, Arendt, Nietzsche, and Schlieffen offer diverse perspectives. While Schmitt emphasizes the importance of identity and political representation, and Arendt promotes a pluralistic view of democracy, Grimm, on the other hand, analyzes the “gap between norm and concrete case” in constitutional jurisdiction. We propose an approach employing the philosophy of language for this problem analysis. Divergent positions include debates on the legitimacy of constitutional courts and the reconciliation between democratic principles and the protection of fundamental rights. The proposed solution involves strengthening institutions that uphold constitutional principles and promoting an inclusive and participatory democracy where different voices can be considered.