Forms of expression of judicial supremacy: A methodological proposal

Authors

  • Henrique Rangel Universidade Federal do Rio de Janeiro Faculdade Nacional de Direito Fundação Carlos Chagas Filho de Amparo à Pesquisa do Estado do Rio de Janeiro
  • Carlos Bolonha Universidade Federal do Rio de Janeiro (UFRJ). Faculdade Nacional de Direito (FND). Programa de Pós-Graduação em Direito (PPGD).

DOI:

https://doi.org/10.4013/rechtd.2013.51.03

Abstract

This article contributes to a methodological proposal designed to understand judicial supremacy in a concrete perspective. It adopts a methodological conception in which judicial supremacy can be observed according to two perspectives: abstract judicial supremacy and specific judicial supremacy. The former represents studies with a philosophical-ontognosiological profi le on this phenomenon. However, the latter – our main object of study – represents concrete and contextualized contributions of this institutional design. This proposal is made up of four criteria of verification of specific judicial supremacy: (i) political criterion; (ii) dialogic criterion; (iii) enforcement criterion; and (iv) effects criterion. Based on such criteria, it is possible to conclude that judicial supremacy can express itself through different forms in political-legal realities.

Key words: judicial review, institutional design, judicial supremacy, institutional theory, institutional dialogues.

Downloads

Published

2013-05-09

Issue

Vol. 5 No. 1 (2013): January/June

Section

Articles

License

I grant the journal RECHTD the first publication of my article, licensed under Creative Commons Attribution license (which allows sharing of work, recognition of authorship and initial publication in this journal).

I confirm that my article is not being submitted to another publication and has not been published in its entirely on another journal. I take full responsibility for its originality and I will also claim responsibility for charges from claims by third parties concerning the authorship of the article.

I also agree that the manuscript will be submitted according to the journal’s publication rules described above.