A concept, some shifts

The dispute over the concept of guardian of the Constitution dates back to the origins of constitutionalism but this debate often remains, in the field of Brazilian constitutional law, restricted to the discussions that happened in Europe and the United States. This work aims to document some research notes regarding the changes in the meaning of the concept of guardian of the Constitution during the last decades of the Brazilian Empire, specifically between 1860 and 1891. Initially, the work is centered on liberal political-constitutional thought, but without losing sight of the debate with Brazilian conservative thought, nor the process of translating or transplanting the concept from the European and American contexts. The research, still ongoing, seeks to ultimately investigate how discussions surrounding the concept have contributed to the construction of the Supreme Court as an institution of the Brazilian Republic. To this end, Reinhart Koselleck’s categories related to the history of concepts are adopted as a methodological reference, especially regarding linguistics anticipations. Preliminary data indicate that the conceptual debates at the end of the Brazilian Empire occurred as an anticipation of what would happen at the level of liberal discourse and the constitutional process of establishing the Brazilian Republic and throughout the country's history.

Authors

Publication Details

Journal
Revista do Instituto Histórico e Geográfico Brasileiro
Published
2024-12-25
DOI
https://doi.org/10.23927/revihgb.v.185.n.496.2024.228
Citations
1
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
4.07
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

A concept, some shifts

Wingler Alves Pereira
1 citations
Revista do Instituto Histórico e Geográfico Brasileiro
Judicial and Constitutional Studies
4.07
article

A concept, some shifts

Wingler Alves Pereira
article en
1 citations

Abstract

The dispute over the concept of guardian of the Constitution dates back to the origins of constitutionalism but this debate often remains, in the field of Brazilian constitutional law, restricted to the discussions that happened in Europe and the United States. This work aims to document some research notes regarding the changes in the meaning of the concept of guardian of the Constitution during the last decades of the Brazilian Empire, specifically between 1860 and 1891. Initially, the work is centered on liberal political-constitutional thought, but without losing sight of the debate with Brazilian conservative thought, nor the process of translating or transplanting the concept from the European and American contexts. The research, still ongoing, seeks to ultimately investigate how discussions surrounding the concept have contributed to the construction of the Supreme Court as an institution of the Brazilian Republic. To this end, Reinhart Koselleck’s categories related to the history of concepts are adopted as a methodological reference, especially regarding linguistics anticipations. Preliminary data indicate that the conceptual debates at the end of the Brazilian Empire occurred as an anticipation of what would happen at the level of liberal discourse and the constitutional process of establishing the Brazilian Republic and throughout the country's history.

Revista do Instituto Histórico e Geográfico BrasileiroVol. 185(496)
Peace, Justice and strong institutions
Openalex Percentile: Top 6%
Judicial and Constitutional Studies
4.07
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.