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Antoni Abad i Ninet 《Philosophia》2010,38(1):41-55
The present article commences analyzing the origins and influences of the religious discourse on the configuration of the
modern constitutional discourse and the contributions of the jus-positivism in the consolidation of this sacred-civil language.
The second issue is the definition of the U.S. Constitution as a mixed and not as a democratic constitution, with regard to
the influences of Plato, Aristotle, Cicero and Polybius to the Drafters of the first modern constitutional text; stability
and equilibrium took preference over democracy in a wide sense. I also analyze how the Drafter’s decision has conditioned
the modern constitutional system up to the present. 相似文献
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Philosophia - The first segment starts with a definition of two dimensions of the concept of rule of law; related to the notion of sovereignty and as a concept to control arbitrariness on the part... 相似文献
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