THE BALANCE BETWEEN NORM AND VALUE IN CONTEMPORARY PUBLIC LAW: A PHILOSOPHICAL ANALYSIS OF STATE LEGITIMACY IN THE DEMOCRATIC RULE OF LAW
DOI:
https://doi.org/10.51891/rease.v11i11.22377Keywords:
Philosophy of Law. Public Law. Fundamental Principles. Justice. Democratic Rule of Law.Abstract
The philosophy of public law is an essential field for understanding the normative and philosophical foundations that shape the relationship between the State and the individual. This paper investigates the theoretical premises that support the creation and application of public law norms, emphasizing the dialogue between Hans Kelsen’s legal positivism, John Locke’s rationalist natural law, and the contemporary conceptions of Ronald Dworkin and Robert Alexy on fundamental rights and legal morality. From a theoretical and analytical perspective, it demonstrates that the philosophy of public law goes beyond normative technique, embracing an ethical commitment to justice and human dignity. The study also examines how these philosophical principles influence Brazilian constitutional hermeneutics and Supreme Federal Court case law, highlighting the centrality of fundamental values in the structure of the Democratic Rule of Law.
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Atribuição CC BY