Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Public Law and Legal Theory

Democracy

Pablo Marshall

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

El Derecho A Votar Desde El Extranjero, Pablo Marshall Dec 2011

El Derecho A Votar Desde El Extranjero, Pablo Marshall

Pablo Marshall

This paper presents certain elements, mainly taken from comparative law and political theory, which can make more intelligible the discussion on the vote from abroad in the Chilean political system. The first part of this work shows the importance of discussing its foundation by clarifying some of its philosophical premises. The second part of this paper examines the constitutional reform bill that was rejected by Congress, concluding that it was affected by significant theoretical problems. Finally, the third part of the paper considers the particular elements that legislation on voting from abroad should consider.


Notas Sobre El Contenido Del Principio De La Democracia, Pablo Marshall Dec 2010

Notas Sobre El Contenido Del Principio De La Democracia, Pablo Marshall

Pablo Marshall

This paper seeks to expose the substantive aspects of the principle of democracy. It focuses, in the important research, inspired by the methodology of Carl Schmitt, that EW Böckenförde been made about the content and scope of the democratic clause in positive constitutional law. To that objective, was make a brief explanation of the role that have democracy in the theory of forms of government. After that was explain the foundations, role and application of the principle of democracy as a constitutional principle recognized in legal system. It ends with a brief application of this theory to the case of …