6533b821fe1ef96bd127beef

RESEARCH PRODUCT

Um inenarrável resquício do "constitucionalismo outorgado" ? A doutrina constitucional eclética dos catedrocratas sob o Estado Novo português

Oscar Ferreira

subject

[SHS.DROIT]Humanities and Social Sciences/Law[SHS.DROIT] Humanities and Social Sciences/Law

description

In 1932 a "dictatorship of doctors" (Salazar) emerged in Portugal: the cathedocracy. This neologism crosses the words kathedra (καθέδρα: seat/chair) and kratein, derived from kratos (κράτος), which implies the idea of a power that has its source in itself. Sovereign power is thus handed over to a learned and wise class which offers as a guarantee its profession, that of university professor, and its degree, that of doctor, most often in law. The constitutionalism that the regime engenders has an astonishing nature, although grafted onto the monarchical heritage of the granted constitutionalis of the 19th century. In order to counter pagan Caesarism and Hegelianism, the doctrine seeks to make the State bend to law and morality (art. 4, 1933 Constitution). An alliance will be forged between the canons of modern constitutionalism and the lessons of ancient and medieval "constitutionalism", attached to moral and religious guarantees capable of restraining governments.

https://hal.archives-ouvertes.fr/hal-02957671