Law and Democracy in the times of the State of Fact
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Abstract
In this paper the author analyzes how, from the disappearance of the Welfare State thanks to
Neoliberal politics, the Rule of Law has turned into a Rule of Fact. In contrast to the Neoliberal State,
social actions and movements that are rethinking Law and State from the view point of the constituent
power of popular sovereignty are emerging. From their perspective the separation between State and civil
society tends to disappear in order to produce a new Live and societal Law
Neoliberal politics, the Rule of Law has turned into a Rule of Fact. In contrast to the Neoliberal State,
social actions and movements that are rethinking Law and State from the view point of the constituent
power of popular sovereignty are emerging. From their perspective the separation between State and civil
society tends to disappear in order to produce a new Live and societal Law
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How to Cite
Rivera Lugo, C. (2013). Law and Democracy in the times of the State of Fact. Crítica Jurídica. Revista Latinoamericana De Política, Filosofía Y Derecho, (32). https://doi.org/10.22201/ceiich.01883968p.2011.32.35752