{"title":"在联合总统制制度下,立法抵制非自由主义:这在巴西会奏效吗?","authors":"Thomas Bustamante, E. Meyer","doi":"10.1080/20508840.2021.1942370","DOIUrl":null,"url":null,"abstract":"ABSTRACT Illiberal governments typically attempt to undermine representative democracy by adhering to a single comprehensive doctrine sustained through a majoritarian account of legitimacy that is suspicious of the rationality of liberal constitutional democracies. But perhaps there is hope for a system of coalitional presidentialism, such as Brazil. It has been argued that coalitional presidentialism may be in a better position to resist an illiberal project to erode democracy because of its centripetal and conservative forces, which might constitute a firewall against the concentration of powers in the executive branch. The legislature can either slow the pace of authoritarian measures or subject the government to relevant political defeats, raising the chances of democratic reconstruction. Should we expect success for legislative resistance to illiberal populism? What can the Brazilian experience under the first eighteen months of Bolsonaro's government teach us about it? Even though it might be too early for a conclusive assessment of these matters, we try to offer in the following sections a moderately optimistic response to the first question based on our assessment of the second.","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":null,"pages":null},"PeriodicalIF":1.5000,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20508840.2021.1942370","citationCount":"3","resultStr":"{\"title\":\"Legislative resistance to illiberalism in a system of coalitional presidentialism: will it work in Brazil?\",\"authors\":\"Thomas Bustamante, E. Meyer\",\"doi\":\"10.1080/20508840.2021.1942370\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT Illiberal governments typically attempt to undermine representative democracy by adhering to a single comprehensive doctrine sustained through a majoritarian account of legitimacy that is suspicious of the rationality of liberal constitutional democracies. But perhaps there is hope for a system of coalitional presidentialism, such as Brazil. It has been argued that coalitional presidentialism may be in a better position to resist an illiberal project to erode democracy because of its centripetal and conservative forces, which might constitute a firewall against the concentration of powers in the executive branch. The legislature can either slow the pace of authoritarian measures or subject the government to relevant political defeats, raising the chances of democratic reconstruction. Should we expect success for legislative resistance to illiberal populism? What can the Brazilian experience under the first eighteen months of Bolsonaro's government teach us about it? Even though it might be too early for a conclusive assessment of these matters, we try to offer in the following sections a moderately optimistic response to the first question based on our assessment of the second.\",\"PeriodicalId\":42455,\"journal\":{\"name\":\"Theory and Practice of Legislation\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":1.5000,\"publicationDate\":\"2021-06-24\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1080/20508840.2021.1942370\",\"citationCount\":\"3\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Theory and Practice of Legislation\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/20508840.2021.1942370\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Theory and Practice of Legislation","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20508840.2021.1942370","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Legislative resistance to illiberalism in a system of coalitional presidentialism: will it work in Brazil?
ABSTRACT Illiberal governments typically attempt to undermine representative democracy by adhering to a single comprehensive doctrine sustained through a majoritarian account of legitimacy that is suspicious of the rationality of liberal constitutional democracies. But perhaps there is hope for a system of coalitional presidentialism, such as Brazil. It has been argued that coalitional presidentialism may be in a better position to resist an illiberal project to erode democracy because of its centripetal and conservative forces, which might constitute a firewall against the concentration of powers in the executive branch. The legislature can either slow the pace of authoritarian measures or subject the government to relevant political defeats, raising the chances of democratic reconstruction. Should we expect success for legislative resistance to illiberal populism? What can the Brazilian experience under the first eighteen months of Bolsonaro's government teach us about it? Even though it might be too early for a conclusive assessment of these matters, we try to offer in the following sections a moderately optimistic response to the first question based on our assessment of the second.
期刊介绍:
The Theory and Practice of Legislation aims to offer an international and interdisciplinary forum for the examination of legislation. The focus of the journal, which succeeds the former title Legisprudence, remains with legislation in its broadest sense. Legislation is seen as both process and product, reflection of theoretical assumptions and a skill. The journal addresses formal legislation, and its alternatives (such as covenants, regulation by non-state actors etc.). The editors welcome articles on systematic (as opposed to historical) issues, including drafting techniques, the introduction of open standards, evidence-based drafting, pre- and post-legislative scrutiny for effectiveness and efficiency, the utility and necessity of codification, IT in legislation, the legitimacy of legislation in view of fundamental principles and rights, law and language, and the link between legislator and judge. Comparative and interdisciplinary approaches are encouraged. But dogmatic descriptions of positive law are outside the scope of the journal. The journal offers a combination of themed issues and general issues. All articles are submitted to double blind review.