Interpretation and application of constitutional rules: between deference and activism, the strict attachment to representative democracy

The paper examines the interpretation and application of constitutional rules. It argues that the classical techniques for interpreting and applying the Constitution are up-to-date and that the interpreter must be loyal to the law as approved by the mechanisms of representative democracy.

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Publication Details

Journal
Revista ANPPREV de Seguridade Social.
Published
2025-06-30
DOI
https://doi.org/10.70444/2966-330x.v2.n1.001
Primary Topic
Comparative constitutional jurisprudence studies
Type
article
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article

Interpretation and application of constitutional rules: between deference and activism, the strict attachment to representative democracy

José Levi Mello do Amaral Júnior
Revista ANPPREV de Seguridade Social.
Comparative constitutional jurisprudence studies
article

Interpretation and application of constitutional rules: between deference and activism, the strict attachment to representative democracy

José Levi Mello do Amaral Júnior
article en

Abstract

The paper examines the interpretation and application of constitutional rules. It argues that the classical techniques for interpreting and applying the Constitution are up-to-date and that the interpreter must be loyal to the law as approved by the mechanisms of representative democracy.

Revista ANPPREV de Seguridade Social.Vol. 2(1)
Hospital Universitário da Universidade de São Paulo (BR)
Openalex Percentile: Top 82%
Comparative constitutional jurisprudence studies
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Interpretation and application of constitutional rules: between deference and activism, the strict attachment to representative democracy — José Levi Mello do Amaral Júnior · Revista ANPPREV de Seguridade Social. (2025) | TGRS Research Map | TGRS