Triangle of Argumentative Violence- supreme, superior and constitutional courts

decision monitored in a monitory democracy

Abstract

This article aims to make a legal approach to decision-making of Supreme, Superior and Constitutional Courts, from the concept of “Monitory Democracy” in John Keane, and the most prominent threat to its existence, the “Triangle of Violence, composed of: 1) Nuclear Anarchy, 2) Uncivil War, and 3) Apocalyptic Terrorism, also from John Kene. In this sense, we coined the “Triangle of Argumentative Violence”, in which we list three vertices that would be dangerous for “Monitory Democracy”: 1) Argumentative Anarchy, from the distinction between deliberative models (seriatin and per curiam), 2) Uncivil Dispute, when we discuss the so called “Rambo Tactics”, and 3) Ad Terrorem Argument. This is a brief analysis. [...]