•  55
    Habermas and Ackerman: A Synthesis Applied to the Legitimation and Codification of Legal Norms
    with Josep Monserrat Molas
    Ratio Juris 22 (4): 510-531. 2009.
    In this article we consider certain elements of the normative theory of Jürgen Habermas in the light of the proposals of Bruce Ackerman, with a view to strengthening a concept of deliberative democracy applied to the legitimation of juridical rules. We do not construct a hierarchy of the two positions, but seek to bring together certain elements to achieve a common project. As the starting point for examining the work of the two authors, we take the scheme proposed by Habermas in Faktizität und …Read more
  •  30
    Playing at being gods
    Philosophia 38 (1): 41-55. 2010.
    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…Read more
  •  10
    The Messianic Thought of the Rule of Law
    Philosophia 47 (3): 733-755. 2019.
    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 of the ruler. The segment proceeds to give a historical account of the notion and the different stages of its epistemological configuration, from the ancient Greek notion of Eunomia and its incompatibility with the popular rule to the current notion, where the rule of law has become fused with democracy and human ri…Read more
  •  1
    Human Dignity in Denmark
    In Paolo Becchi & Klaus Mathis (eds.), Handbook of Human Dignity in Europe, Springer Verlag. pp. 211-227. 2019.
    This chapter deals with the process of constitutionalization of human dignity in Denmark, which is a non-written constitutional principle introduced in Danish domestic system, in its modern form, by international norms and the communitarian acquis. It follows exanimating Danish case law related with the clusters of rights enshrined in the EU charter that normatively define the concept of human dignity. The chapter focuses on the repercussions of the amendment of the Danish Aliens Act to asylum s…Read more