Dados vol. 53 n. 3 Rio de Janeiro 2010

Construção democrática e modelos de Constituição

Arantes, Rogério Bastos - Couto, Cláudio Gonçalves


This article makes a theoretical contribution to the comparative analysis of constitutional choices in new democracies, particularly those related to the profile of constitutions, reform and amendment political processes, and legal review and legal interpretation. The constitution itself is viewed as an object of research and analysis. Special attention is dedicated to the case of policy-oriented constitutions and their impact on the submission of government and public policy agendas. The constitutionalization of public policies is viewed as an additional veto point in the political system. Since different constitutional patterns engender distinct decision-making processes, the study examines how the related costs affect government efficiency and jeopardize democratic representation.

Palabras-clave: constitutionalism; democracy; policy-oriented constitution; decision-making process; government efficiency; democratic representation.

DOI: 10.1590/S0011-52582010000300002

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Construção democrática e modelos de Constituição