Auctoritas non veritas facit Legem; a response to Prof. Roberto Niembro´s conceptualisation of Authoritatian Constitutionalism.

TY - ICOMM

T1 - Auctoritas non veritas facit Legem; a response to Prof. Roberto Niembro´s conceptualisation of Authoritatian Constitutionalism.

AU - Abat Ninet, Antoni

PY - 2017/10/18

Y1 - 2017/10/18

N2 - Beginning the new Century there are more constitutional democracies than ever and authoritarian regimes seems to be weaker, isolated and more pointed and under pressure. Even so, the analysis of the relation between constitutionalism and authoritarianism continues fascinating academics worldwide. This interest has different reasons, some of them related with the current majoritarian epistemological doctrine that links constitutionalism with democracy, freedom and equality. Today we conceive a constitution as a charter of rights and freedoms, as a synonym of legal and political guarantee, a device to protect minorities and limit public power and arbitrariness. We also tend to relate a constitution with the best values and virtues of the rule of law that links symbiotically democracy and law. Constitutionalism is then a device that maintains alive this relation.

AB - Beginning the new Century there are more constitutional democracies than ever and authoritarian regimes seems to be weaker, isolated and more pointed and under pressure. Even so, the analysis of the relation between constitutionalism and authoritarianism continues fascinating academics worldwide. This interest has different reasons, some of them related with the current majoritarian epistemological doctrine that links constitutionalism with democracy, freedom and equality. Today we conceive a constitution as a charter of rights and freedoms, as a synonym of legal and political guarantee, a device to protect minorities and limit public power and arbitrariness. We also tend to relate a constitution with the best values and virtues of the rule of law that links symbiotically democracy and law. Constitutionalism is then a device that maintains alive this relation.

UR - https://voelkerrechtsblog.org/auctoritas-non-veritas-facit-legem/

M3 - Net publication - Internet publication

ER -