The case law of the Constitucional Court of the Supreme Court of Venezuela of the article 350 of the Venezuelan Constitution

被引:0
|
作者
Marquez, L. Carmen Maria [1 ,2 ]
机构
[1] Univ Rafael Urdaneta, Zulia, Venezuela
[2] Univ Zulia, Zulia, Venezuela
来源
PROVINCIA | 2013年 / 29期
关键词
civil dissobedience; people; sovereignity; constituent power; republican traditions;
D O I
暂无
中图分类号
D0 [政治学、政治理论];
学科分类号
0302 ; 030201 ;
摘要
This paper studies the case law of the Constitutional Court of The Supreme Court of Venezuela which interpret the "right to rebelled" also called the "right of civil disobedience" establish in the article 350 of the Venezuelan constitution. For this purpose, we analyzed three main objects: the concept of the collectives bodies embedded in the constitution such as the concept of the expression "people"; the limitations of the constituent power; and the "republican traditions" as a metatheoric concept and interpretative canon. To do so, the research technique applied was a documental revew and the ideas were exposed by a descriptive method. The conclusions point to consider that there's no cohesive doctrine in the case law of the Court related to the concept of the expression "people"; and this theoric problem affects the concept of sovereignty, and also, and more important, the identification of the constiuent power.
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页码:55 / 92
页数:38
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