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- Title
Estado e constituição em tempos de abertura: a crise conceitual e a transição paradigmática num ambiente intercultural.
- Authors
de Morais, José Luis Bolzan; Vieira, Gustavo Oliveira
- Abstract
This paper analyses the need for a new approach and asks what adjectives are suitable for the new reality that surpasses commonly used adjectives such as "transnational" or "cosmopolitan". The term "post-national", coined by Habermas, seems to be more suitable to understand the consequences that the internationalization of law entails for the National State and its constitutionalism. Human rights promote a paradigm shift in modern law, which also results in the need for a conceptual revision in the relationship between domestic and international law. This situation demands a new reflection on the mechanisms and strategies of implementation of human rights by domestic legal institutions of the countries that share the definitions of conventional norms. The article first discusses the process of conceptual crisis that is promoting a transition in human rights. Then it shows the challenges of constitutionally mediated interculturality, as well as the resulting risks and challenges, in order to help update the constitutional issue in this "post-national" context. It concludes that the changes of the State and the establishment of human rights in the international sphere promote formal and substantial rearrangements, prompting a redesign in the practices of constitutional law.
- Subjects
HUMAN rights &; globalization; PHILOSOPHY of international law; STATE, The; CONSTITUTIONALISM; CONSTITUTIONAL law philosophy; NATION-state -- History; INTERNATIONAL cooperation
- Publication
Revista de Estudos Constitucionais, Hermenêutica e Teoria do Direito, 2013, Vol 5, Issue 2, p133
- ISSN
2175-2168
- Publication type
Article
- DOI
10.4013/rechtd.2013.52.05