Philosophia 38 (1):41-55 (2010)

Authors
Antoni Abat Ninet
Universitat de Barcelona (PhD)
Abstract
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.
Keywords Modern and ancient constitutionalism  The role of God  Torah  U.S. American constitution drafters  Civic religion  Legal postivism  Mixed constitution instead democracy
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DOI 10.1007/s11406-009-9210-8
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Positive Law and Objective Values.Andrei Marmor (ed.) - 2001 - Clarendon Press.

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