A COLLISION OF THE "WHOLE CONSTITUTION" AND STATE POWERS:

THE METHODS OF DEMOCRACY BETWEEN MARX AND HABERMAS

Abstract

This article with dialectical philosophical methodology aims to reflect on categories of the political thought of Marx and Habermas for a rereading of the question of the legitimacy of the democratic rule of law. From the tension between facticity and validity, it questions how the collision of the “whole constitution” and the powers of the State occur. From the point of view of Marx's “realistic” theory, he presents the ontologization of the idea of ​​State and the respective transformation of logic into something passive of use by the bureaucracy transformed into privilege against the people, which collides the “whole constitution” with the legislative, executive and judiciary powers. Acting the State as an ideological apparatus in the service of capital. The dialectical tension can also be verified in Habermas's thought from the indetermination of the rationality of the jurisdiction and the necessary tension with the realistic current. Such tension unfolds into the procedural concept of democracy, the dissolution of the liberal paradigm of law, and the ro

civil society and the political public sphere. It is a matter of shifting the weights of power from the functional, economic-political subsystems to the political public sphere. Therefore methods of deepening democracy.