DOAJ Open Access 2018

From an idealized separation of powers to its practical problems in the Rule of Law

César Augusto Cichelero Caroline Ferri Eduardo Brandão Nunes

Abstrak

The paper presents the Separation of Powers as a principle. It means that it is one of several possible political choices. We take this conception and then we aim to explain how it develops with relevance in a Rule of Law and its procedures. It was analytically perceived that such conception is idealized because it fails to address practical problems. The main problematic confronted is in relation to the activity of the Judiciary, exemplified through Brazilian conflicts between the different powers, in this paper we approach, for this purpose, the vaquejada case. In order to try to overcome such problems, the presented hypothesis is that a dialogic theory can provide some answers by promoting dialogue through equilibrium and partnership between the powers and citizens.

Topik & Kata Kunci

Law Law of nations Law in general. Comparative and uniform law. Jurisprudence

Penulis (3)

César Augusto Cichelero

Caroline Ferri

Eduardo Brandão Nunes

Format Sitasi

APA MLA BibTeX

Cichelero, C.A., Ferri, C., Nunes, E.B. (2018). From an idealized separation of powers to its practical problems in the Rule of Law. https://doi.org/10.5380/rinc.v5i1.55929

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Informasi Jurnal

Tahun Terbit: 2018
Sumber Database: DOAJ
DOI: 10.5380/rinc.v5i1.55929
Akses: Open Access ✓