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Transformations in Contemporary Public Law

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Transformations in Contemporary Public Law


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The contemporary public law currently goes through postpositivism phase, a period of overcoming the formal legalism, with the recognition of the Constitution and fundamental rights as the central axis of the legal system. Robert Alexy is one of the main authors to describe the unique characteristics of this movement. The author highlights the transformations undergone by the constitutional interpretation, particularly the recognition of the normative force of the Constitution, the expansion of constitutional jurisdiction and the development of a new hermeneutic. The rise of the notion of hard cases, the idea of “reasonable moral disagreement” and the recognition of counter-majoritarian functions of the Supreme Courts represent the complexity of this period, which is not limited to the field of public law, but radiates for all branches of law. Professor of Constitutional Law, Luis Roberto Barroso, State University of Rio de Janeiro, wrote about it in work translated by Bruno Fernandes Dias and published in the magazine Panorama of Brazilian Law.

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BARROSO, Luis Roberto. Major Transformations in Contemporary Law and the Teachings of Robert Alexy. Magazine Panorama of Brazilian Law. Vol. 3, 2015. pp. 107-123. Translated by Bruno Fernandes Dias and Krista Calleja. Available in: http://www.panoramaofbrazilianlaw.com/index.php/BrLaw/article/view/48/77.

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