by Saulo Casali Bahia Post Graduate Certificate Course in Social Power NOVEMBER 2 2016 InterUniversity Centre Dubrovnik Croatia TOPICS WHAT IS THE DIFFERENCE BETWEEN AUTHORIZED AND UNAUTHORIZED EXERCISE OF POWER ID: 565845
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LEGITIMACY & LEGALITY by Saulo Casali Bahia
Post-Graduate Certificate Course in Social PowerNOVEMBER 2, 2016, InterUniversity Centre, Dubrovnik, Croatia Slide2
TOPICSWHAT IS THE DIFFERENCE BETWEEN AUTHORIZED AND UNAUTHORIZED EXERCISE OF POWER?WHAT IS THE ROLE OF ILLEGITIMATE FORMS OF SOCIAL POWER?HOW DOES SOCIETY MITIGATE AND CONTROL THE USURPATION OF POWER?Slide3
LEGITIMACY AND LEGALITYWRITTEN LEGAL RULES UNWRITTEN LEGAL RULESLEGITIMATE LEGAL RULESILLEGITIMATE LEGAL RULES Slide4
LEGITIMACYACCEPTANCE BY RATIONAL ASSUMPTIONSCORRESPONDENCE WITH THE SOCIETY´S REAL WISHES AND NEEDS UNFORCED CONSENT OF THE GOVERNEDGOAL FOR THE STATE POWER BRANCHESBASIS OF THE SOVEREIGNTY Slide5
IDEAL:LEGAL RULES = LEGITIMATE RULESLEGAL EXERCISE OF POWER = LEGITIMATE EPREALITY:LEGAL RULES = LEGITIMATE RULES, OR/ANDLEGAL RULES = ILLEGITIMATE RULESGAP BETWEEN LAW AND FACTSLEGAL
RULES AS AN UNDUE IMPOSITIONSlide6
SOLUTIONS (TO MOVE AWAY THE ILLEGIMATE LEGAL RULE):1) WITHOUT LAW SYSTEM BREAK USE OF HERMENEUTICS AND INTERPRETATIONBY THE JUDICIARY, BY THE EXECUTIVE, BY THE LEGISLATIVE OR BY THE INDIVIDUAL
WITHOUT USURPATION OF POWER, BIG ROLE OF THE JUDICIARY BRANCH, JUDICIAL INDEPENDENCE. CHECKS AND BALANCES.USE OF A SUPERIOR NORM (CONSTITUTIONAL RULE OR PRINCIPLE. UNWRITTEN CUSTOM RULE. GENERAL LAW PRINCIPLE) OR OF EQUITY NEW MEANING FOR THE WRITTEN LAW, EXTRACTING FROM THE LITERALNESS OF THE RULESlide7
2) WITH LAW SYSTEM BREAK BY AUTHORIZED MEANSLEGISLATIVE CHANGE BY THE PARLIAMENTUSE OF DEMOCRATIC MEANSDEMOCRACYWITHOUT USURPATION OF POWERWITHOUT ILLEGITIMATE FORMS OF SOCIAL POWERSlide8
3) WITH LAW SYSTEM BREAK BY UNAUTHORIZED MEANSEXERCISE OF UNAUTHORIZED POWER WILL BE CONSIDERED LEGITIMATEJURIDICAL REVOLUTIONUSE OF THE CONSTITUENT POWERNOT LEGAL BUT LEGITIMATEGAP BETWEEN LAW AND FACTSFACT´S
REBELLION AGAINST THE CODESGOAL: LEGITIMACY, TOOL: LEGALITY (REBUILT)