Controle de constitucionalidade e interpretação razoável da Constituição: Uma investigação em torno dos efeitos do princípio democrático sobre a partilha da autoridade interpretativa final da Constituição

Abstract

This work is an inquiry about the legitimacy of judicial review of legislation under the democratic principle. The basic question this study purports to answer is this: taking into consideration the fact of pluralism, the existence of reasonable disagreements among people, and the open texture of constitutional law, in which situations are constitutional courts authorized to substitute their own constitutional interpretation for the interpretation chosen by the legislative body in the lawmaking process? The proposed answer to this question is given in two parts. First, we present some arguments to justify judicial review of legislation in a limited fashion. Second, we suggest a decision-making method (applicable specifically to judicial review of legislation) that is designed to ensure the optimization of democratic principle.