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Author | : Juliano Zaiden Benvindo |
Publisher | : Springer Science & Business Media |
Total Pages | : 433 |
Release | : 2010-07-23 |
Genre | : Philosophy |
ISBN | : 3642114342 |
Download On the Limits of Constitutional Adjudication Book in PDF, ePub and Kindle
Juliano Z. Benvindo investigates the current movement of constitutional courts towards political activism, especially by focusing on the increasing use of the balancing method as a “rational” justification for this process. From the critical perception of the serious risks of this movement to democracy, the book takes as examples two constitutional realities, Germany and Brazil, in order to discuss the rationality, correctness, and legitimacy of constitutional decisions within this context. Through a dialogue between Jacques Derrida’s deconstruction and Jürgen Habermas’s proceduralism, the author confronts Robert Alexy’s defense of the balancing method as well as those two constitutional realities. This confrontation leads to the introduction of the concept of limited rationality applied to constitutional democracy and constitutional adjudication, which affirms the double bind of history and justice as a condition for a practice of decision-making committed to the principle of separation of powers.
Author | : Grant Huscroft |
Publisher | : Cambridge University Press |
Total Pages | : 332 |
Release | : 2008-04-21 |
Genre | : Law |
ISBN | : 9780521887410 |
Download Expounding the Constitution Book in PDF, ePub and Kindle
What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.
Author | : Juliano Zaiden Benvindo |
Publisher | : Springer |
Total Pages | : 0 |
Release | : 2014-10-07 |
Genre | : Philosophy |
ISBN | : 9783642423864 |
Download On the Limits of Constitutional Adjudication Book in PDF, ePub and Kindle
Juliano Z. Benvindo investigates the current movement of constitutional courts towards political activism, especially by focusing on the increasing use of the balancing method as a “rational” justification for this process. From the critical perception of the serious risks of this movement to democracy, the book takes as examples two constitutional realities, Germany and Brazil, in order to discuss the rationality, correctness, and legitimacy of constitutional decisions within this context. Through a dialogue between Jacques Derrida’s deconstruction and Jürgen Habermas’s proceduralism, the author confronts Robert Alexy’s defense of the balancing method as well as those two constitutional realities. This confrontation leads to the introduction of the concept of limited rationality applied to constitutional democracy and constitutional adjudication, which affirms the double bind of history and justice as a condition for a practice of decision-making committed to the principle of separation of powers.
Author | : Zoltán Szente |
Publisher | : Routledge |
Total Pages | : 324 |
Release | : 2018-03-09 |
Genre | : Law |
ISBN | : 1351674749 |
Download New Challenges to Constitutional Adjudication in Europe Book in PDF, ePub and Kindle
In the past few years, constitutional courts have been presented with new challenges. The world financial crisis, the new wave of terrorism, mass migration and other country-specific problems have had wide-ranging effects on the old and embedded constitutional standards and judicial constructions. This book examines how, if at all, these unprecedented social, economic and political problems have affected constitutional review in Europe. As the courts’ response must conform with EU law and in some cases international law, analysis extends to the related jurisprudence of the European Court of Justice and the European Court of Human Rights. The collection adopts a common analytical structure to examine how the relevant challenges have been addressed in ten country specific case studies. Alongside these, constitutional experts frame the research within the theoretical understanding of the constitutional difficulties of the day in Europe. Finally, a comparative chapter examines the effects of multilevel constitutionalism and identifies general European trends. This book will be essential reading for academics and researchers working in the areas of constitutional law, comparative law and jurisprudence.
Author | : Hans Kelsen |
Publisher | : Cambridge University Press |
Total Pages | : 291 |
Release | : 2015-02-19 |
Genre | : Law |
ISBN | : 110709268X |
Download The Guardian of the Constitution Book in PDF, ePub and Kindle
The first English translation of Hans Kelsen's and Carl Schmitt's debate on the 'Guardian of the Constitution'.
Author | : Richard Moon |
Publisher | : University of Toronto Press |
Total Pages | : 330 |
Release | : 2000-01-01 |
Genre | : Law |
ISBN | : 9780802078360 |
Download The Constitutional Protection of Freedom of Expression Book in PDF, ePub and Kindle
Moon argues that recognition of the social dynamic of communication is critical to understanding the potential value and harm of language and to addressing questions about the scope and limits on one's rights to freedom of expression.
Author | : Robert A. Goldwin |
Publisher | : A E I Press |
Total Pages | : 178 |
Release | : 1985 |
Genre | : Law |
ISBN | : |
Download How Does the Constitution Secure Rights? Book in PDF, ePub and Kindle
This book explores the Constitution and how it provides for individual American rights.
Author | : Daniel A. Farber |
Publisher | : Oxford University Press |
Total Pages | : 218 |
Release | : 2009 |
Genre | : Law |
ISBN | : 0195371208 |
Download Judgment Calls Book in PDF, ePub and Kindle
In Judgment Calls, Daniel A. Farber and Suzanna Sherry present a fresh perspective on judicial review, taking aim at those who see only two types of approaches to judicial decisions: one based on constitutional law and one based on raw politics. Building on their previous book Beyond All Reason, which was a New York Times Notable Book of the Year, this volume is a similarly incisive challenge to some of the dominant tenets in mainstream legal studies and is sure to inspire debate. The authors aim to reconcile the democratic rule of law with the recognition that judges have discretion. The book takes on the problem of how the Supreme Court can operate in a principled way even in hard, politically charged cases where the legal materials fail to point unambiguously to a single outcome. Throughout, they describe the inherent constraints that keep judges from merely imposing their will, suggest standards for evaluating judicial performance, and make substantial suggestions for improvement. They close with a careful examination of the Supreme Court's controversial cases on the most pressing sociopolitical issues of recent times: the War on Terrorism, abortion, and affirmative action. Timely, trenchant, and carefully argued, Judgment Calls is a welcome addition to the literature on the intersection of constitutional interpretation and American politics.
Author | : Christine Landfried |
Publisher | : Cambridge University Press |
Total Pages | : 411 |
Release | : 2019-02-07 |
Genre | : Law |
ISBN | : 1316999084 |
Download Judicial Power Book in PDF, ePub and Kindle
The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
Author | : Yaniv Roznai |
Publisher | : Oxford University Press |
Total Pages | : 369 |
Release | : 2017 |
Genre | : Law |
ISBN | : 0198768796 |
Download Unconstitutional Constitutional Amendments Book in PDF, ePub and Kindle
Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.