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Hermeneutica Constitucional
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Book Synopsis JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional by : Renata Furtado de Barros
Download or read book JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional written by Renata Furtado de Barros and published by Lulu.com. This book was released on 2012-12-10 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: A ABPJD (Academia Brasileira de Produção Jurídica Discente) apresenta seu terceiro livro produzido com a colaboração de diversos profissionais da área jurídica, intitulado: "JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional". Essa obra é fruto de inúmeras pesquisas dos alunos do curso de Pós-Graduação em Direito da PUC Minas, tendo contado com a colaboração de diversos docentes e discentes de outras instituições espalhadas por todo o Brasil. Com o objetivo de facilitar a leitura, a obra foi dividida em dois volumes, sendo este o primeiro volume. O que se busca a todo momento é crer em um ordenamento jurídico mais justo e democrático, para tanto, entendemos que a hermenêutica é um caminho seguro para reflexão da aplicação das normas no Estado Democrático de Direito brasileiro. Esperamos que esse livro seja uma reflexão da hermenêutica constitucional e de seu papel na manutenção de ideais mais sólidos de Justiça e Democracia. As Organizadoras.
Book Synopsis Constitutional Reasoning in Latin America and the Caribbean by : Johanna Fröhlich
Download or read book Constitutional Reasoning in Latin America and the Caribbean written by Johanna Fröhlich and published by Bloomsbury Publishing. This book was released on 2024-09-05 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the reasoning practice of 15 constitutional courts and supreme courts, including the Caribbean Commonwealth and the Inter-American Court of Human Rights. Enriched by empirical data, with which it strives to contribute to a constructive and well-informed debate, the volume analyses how Latin American courts justify their decisions. Based on original data and a region-specific methodology, the book provides a systematic analysis utilising more than 600 leading cases. It shows which interpretive methods and concepts are most favoured by Latin American courts, and which courts were the most prolific in their reasoning activities. The volume traces the features of judicial dialogue on a regional and sub-regional level and enables the evaluation and comparison of each country's reasoning culture in different epochs. The collection includes several graphs to visualise the changes and tendencies of the reasoning practices throughout time in the region, based on information gathered from the dataset. To better understand the current functioning and the future tendencies of courts in Latin America and the Caribbean, the volume illuminates how constitutional and supreme courts have actually been making their decisions in the selected landmark cases, which could also contribute to future successful litigation strategies for both national constitutional courts and the Inter-American Court for Human Rights. This project was made possible due to the collaboration and funding provided by the Rule of Law Programme for Latin America of the Konrad Adenauer Foundation and the Law School of the University of San Francisco de Quito.
Author :Juliano Zaiden Benvindo Publisher :Springer Science & Business Media ISBN 13 :3642114342 Total Pages :433 pages Book Rating :4.6/5 (421 download)
Book Synopsis On the Limits of Constitutional Adjudication by : Juliano Zaiden Benvindo
Download or read book On the Limits of Constitutional Adjudication written by Juliano Zaiden Benvindo and published by Springer Science & Business Media. This book was released on 2010-07-23 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Estudios de Derecho Público by : Humberto J. La Roche
Download or read book Estudios de Derecho Público written by Humberto J. La Roche and published by . This book was released on 2001 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Political Dimension of Constitutional Law by : Miguel Nogueira de Brito
Download or read book The Political Dimension of Constitutional Law written by Miguel Nogueira de Brito and published by Springer Nature. This book was released on 2020-03-21 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses in what sense constitutional law has a political dimension, raising the question whether constitutional law is fundamentally political as to its validity, terms of its origin, conceptual structure and/or corresponding practice. It also poses the question whether that dimension is a political-theological dimension. A positive answer to these questions challenges the prevailing view that constitutional law is to be conceived strictly as law, moreover as written law, approved at a certain point in history by a particular power and interpreted as any other law by the judiciary. The essays included in this book, written by leading scholars in constitutional theory – including Martin Loughlin, Paul Kahn, Manon Altwegg-Boussac and Massimo La Torre – address these questions in a timely and original way.
Book Synopsis Argument Types and Fallacies in Legal Argumentation by : Thomas Bustamante
Download or read book Argument Types and Fallacies in Legal Argumentation written by Thomas Bustamante and published by Springer. This book was released on 2015-04-07 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides theoretical tools for evaluating the soundness of arguments in the context of legal argumentation. It deals with a number of general argument types and their particular use in legal argumentation. It provides detailed analyses of argument from authority, argument ad hominem, argument from ignorance, slippery slope argument and other general argument types. Each of these argument types can be used to construct arguments that are sound as well as arguments that are unsound. To evaluate an argument correctly one must be able to distinguish the sound instances of a certain argument type from its unsound instances. This book promotes the development of theoretical tools for this task.
Book Synopsis Constitutional Knowledge and Its Impact on Citizenship Exercise in a Networked Society by : Melro, Ana
Download or read book Constitutional Knowledge and Its Impact on Citizenship Exercise in a Networked Society written by Melro, Ana and published by IGI Global. This book was released on 2019-03-15 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: National constitutions allow citizens to exercise full citizenship rights, leading to a growing importance in understanding these laws. This knowledge, more widespread thanks to the ever-growing use of digital networks, allows for more enlightened national citizens in every corner of the world. Constitutional Knowledge and Its Impact on Citizenship Exercise in a Networked Society is a pivotal reference source that analyzes how constitutional awareness occurs in various countries and how citizenship participation is encouraged through the use of digital tools. While highlighting topics such as mobile security, transparency accountability, and constitutional awareness, this publication is ideally designed for professionals, students, academicians, and policymakers seeking current research on citizens' lack of awareness of their rights.
Book Synopsis Borrowing Justification for Proportionality by : João Andrade Neto
Download or read book Borrowing Justification for Proportionality written by João Andrade Neto and published by Springer. This book was released on 2018-11-11 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proportionality test, as proposed in Robert Alexy’s principles theory, is becoming commonplace in comparative constitutional studies. And yet, the question “are courts justified in borrowing proportionality?” has not been expressly put in many countries where judicial borrowings are a reality. This book sheds light on this question and examines the circumstances under which courts are authorized to borrow from alien legal sources to rule on constitutional cases. Taking the Supreme Federal Court of Brazil – and its enthusiastic recourse to proportionality when interpreting the Federal Constitution – as a case study, the book investigates the normative reasons that could justify the court’s attitude and offers a comprehensive overview of its case law on controversial constitutional matters like abortion, same-sex union, racial quotas, and the right to public healthcare. Providing a valuable resource for those interested in comparative constitutional law and legal theory, or curious about Brazilian constitutional law, this book questions the alleged universality of the proportionality test, challenges the premises of Alexy’s principles theory, and discloses more than 68 Brazilian Supreme Court decisions delivered from 2003 to 2018 that would otherwise have remained unknown to an English-speaking audience.
Author :International Association for Philosophy of Law and Social Philosophy. World Congress Publisher :Franz Steiner Verlag ISBN 13 :9783515083621 Total Pages :200 pages Book Rating :4.0/5 (836 download)
Book Synopsis Pluralism and Law: State, nation, community, civil society by : International Association for Philosophy of Law and Social Philosophy. World Congress
Download or read book Pluralism and Law: State, nation, community, civil society written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 2003 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents Luigi Ferrajoli: Past and Future of the State under Law u Mauro Zamboni: oRechtsstaato: What is it that Swedish development assistance, organisatons oexporto? u Hans Gribnau: Legal Principles and Legislative Instrumentalism u Maria Jose Falcon y Tella: Justified Illegality: The Question of Civil Disobedience u Hideo Sasakura: How should we discuss the Right of Resistance today? u K. Papageorgiou: Nations, persons, rights and responsibilities u M.N.S. Sellers: The Right to Secede u Stephan Kirste: Constitution and Time u Nicholas Aroney: Towards a General Theory of the Formation and Amendment of Federal Constitutions: A Comparative Study u Adriaan Anderson: Prosecuting Crime in a Constitutional State: The Recent South African Experience u Luis Villar-Borda: The Role of the Constitutional Court in the Advance of Law in a Developing Country u Marcela Forero: Colombia: a Multisovereignty State u Samuli Hurri: What of Tomorrow's Citizenship? Universal and Politics in Hannah Arendt and Jurgen Habermas u Marcelo Campos Galuppo: Constitutional Hermeneutics and Pluralism u Francoise Michaut: Pluralism in Law in Robert Cover's Writings u E. A. Huppes-Cluysenaer: Informal Rules do not Exist u Niels F. van Manen: The legal recognition of distinct communities u Peter Koller: Law and Virtue u Carl Lebeck: Coercion, co-ordination and normativity - towards a refined distinction between positive and negative rights u Sheldon Wein: Moral Pluralism and the Rule of Law.
Download or read book Judicial Vetoes written by Lydia Tiede and published by Cambridge University Press. This book was released on 2022-08-04 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does the selection of judges influence the work they do in important constitutional courts? Does mixed judicial selection, which allows more players to choose judges, result in a court that is more independent and one that can check powerful executives and legislators? Existing literature on constitutional courts tends to focus on how judicial behaviour is motivated by judges' political preferences. Lydia Brashear Tiede argues for a new approach, showing that, under mixed selection, institutions choose different types of judges who represent different approaches to constitutional adjudication and thus have different propensities for striking down laws. Using empirical evidence from the constitutional courts of Chile and Colombia, this book develops a framework for understanding the factors, external and internal to courts, which lead individual judges, as well as the courts in which they work, to veto a law.
Book Synopsis International Law, Public Law and Jurisprudence by : James Brown Scott
Download or read book International Law, Public Law and Jurisprudence written by James Brown Scott and published by . This book was released on 1917 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Proceedings of the Second Pan American Scientific Congress: (section VI) International law, public law and jurisprudence. J. B. Scott, chairman by :
Download or read book Proceedings of the Second Pan American Scientific Congress: (section VI) International law, public law and jurisprudence. J. B. Scott, chairman written by and published by . This book was released on 1917 with total page 934 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Cássius Guimarães Chai Publisher :Grupo de Pesquisa Cultura, Direito e Sociedade (DGP/CNPQ/UFMA) ISBN 13 : Total Pages :379 pages Book Rating :4./5 ( download)
Book Synopsis CRITICAL DIALOGUES by : Cássius Guimarães Chai
Download or read book CRITICAL DIALOGUES written by Cássius Guimarães Chai and published by Grupo de Pesquisa Cultura, Direito e Sociedade (DGP/CNPQ/UFMA). This book was released on 2021-12-29 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present publication is brought about by the joined researchers efforts to share common concerns and scientific analysis to the global current pandemic Covid-19, which discussions were held abridged during the International Online Congress “Critical Dialogues on Pandemic Perspectives: Global Justice, Rule of Law and Human Rights” comprising professional and theoretical reflections and synergy to promote international academic and scientific exchanging cooperation on the current global pandemic context on reflecting, thinking and scrutinizing government’s, public policies and decision-making process and innovation in the fighting against direct and collateral damages caused by the Covid- 19’s social and institutional impacts, considering transnational implications to the political, economic and the rule of law systems from a Global Justice approach and, locally to human rights’ protection. The Sustainable Development Goals achievements cannot ignore the technological challenges of The Industrial Revolution 4.0, the precariousness of labor relations, the growing of an economic inequality, and a return to extremist nationalism. Yet, the pandemic context, after two years, forces us to think about the ascendancy of intramural violence, since social distance ends up challenging everyone, however, with outstanding, material, and dissimilar conditions since it tends to the social elimination of the socially vulnerable. Despite the needed corporate and public adopted strategies, disenfranchisement and excessive administrative measures have been settled, reframing, and mitigating international relations pulling geopolitical, economic, and technological strings in the multipolar world. For those finding facts, we are invited to discuss the new challenges and outcomes from a pandemic perspective to the Global Justice, Rule of Law, and Human Rights questioning if and how human rights can be ensured and mainstreamed in the taken prevention and recovery measures in democratic societies. The International Congress was organized to celebrate the tenth anniversary of the Research Group Culture, Law and Society ((DGP CNPQ UFMA), and was upheld by The Graduate Law Program of the Universidade Federal do Maranhão (PPGDIR/UFMA), together with the Graduate Law Program of the Faculdade de Direito de Vitória (PPGD/FDV), the Chinese Study Center of the Instituto de Relaciones Internacionales of the Universidad Nacional de la Plata, and the Institute for International Legal Studies of the National Research Council of Italy, by each representative, we are pleased to WELCOME you to the Critical Dialogues on Pandemic Perspectives, discussing Human Rights, Democracy and Pandemic Perspectives. ISBN 978-65-00-40218-6
Book Synopsis Reasonableness and interpretation by :
Download or read book Reasonableness and interpretation written by and published by LIT Verlag Münster. This book was released on 2003 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2002 issue of the Yearbook concerns the notion of reasonableness in philosohical, legal and economic domains. After going back over the main definition of the concept of reasonable in greek philosophy, the analysis carried out in this volume deals with the role played by the notion of reasonableness in practical philosophy and namely according to hermeneutical view of it. With regard to legal field, the notion of reasonableness is a core notion in constitutional law and it assumes specific meanings in private, criminal, international, and administrative law. Reasonableness turns out to be crucial with regard to many topics, such as interpretation of rights, balancing of fundamental rights, and interpretation of standards.
Author :Management Association, Information Resources Publisher :IGI Global ISBN 13 :1668437074 Total Pages :1611 pages Book Rating :4.6/5 (684 download)
Book Synopsis Research Anthology on Citizen Engagement and Activism for Social Change by : Management Association, Information Resources
Download or read book Research Anthology on Citizen Engagement and Activism for Social Change written by Management Association, Information Resources and published by IGI Global. This book was released on 2021-11-26 with total page 1611 pages. Available in PDF, EPUB and Kindle. Book excerpt: Activism and the role everyday people play in making a change in society are increasingly popular topics in the world right now, especially as younger generations begin to speak out. From traditional protests to activities on college campuses, to the use of social media, more individuals are finding accessible platforms with which to share their views and become more actively involved in politics and social welfare. With the emergence of new technologies and a spotlight on important social issues, people are able to become more involved in society than ever before as they fight for what they believe. It is essential to consider the recent trends, technologies, and movements in order to understand where society is headed in the future. The Research Anthology on Citizen Engagement and Activism for Social Change examines a plethora of innovative research surrounding social change and the various ways citizens are involved in shaping society. Covering topics such as accountability, social media, voter turnout, and leadership, it is an ideal work for activists, sociologists, social workers, politicians, public administrators, sociologists, journalists, policymakers, social media analysts, government administrators, academicians, researchers, practitioners, and students.
Book Synopsis Women, Gender, and Constitutionalism in Latin America by : Francisca Pou Giménez
Download or read book Women, Gender, and Constitutionalism in Latin America written by Francisca Pou Giménez and published by Taylor & Francis. This book was released on 2024-04-30 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses to what extent and how constitutional design and practice in Latin America have helped in combatting the subordination of women and LGBTQIA+ people. Covering 11 jurisdictions, the chapters identify the main elements of the constitutional gender order and survey jurisprudential and legislative developments in different areas, incorporating contextual analysis and references to history, political dynamics, social movements, feminist struggles, normative efficacy, and policy. In the context of a constitutionalism that has been celebrated as particularly innovative and socially engaged, the book assesses constitutional performance in the quest to supersede the separate gendered spheres tradition and the subordination of women and sexual minorities to heteronormative hegemony. It fills an important gap in the field of gender and constitutionalism, which has paid very little attention to Latin America compared to the Anglo-American legal world and continental Europe. It identifies regional trends, but also variables which account for the diversity of approaches in various jurisdictions. The book provides much-needed insight into matters that are relevant for legal and socio-legal scholars, an ever-growing number of social actors and movements, and all those interested in comparative constitutionalism and in the intersections between law and gender.
Book Synopsis The Rights of Women in Comparative Constitutional Law by : Irene Spigno
Download or read book The Rights of Women in Comparative Constitutional Law written by Irene Spigno and published by Taylor & Francis. This book was released on 2023-05-31 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a comparative analysis involving 13 countries from Africa, America, Asia and Europe, this book provides an invaluable assessment of women’s equality at the global level. The work focuses on formal constitutional provisions as well as the substantial level of protection women’s equality has achieved in the systems analysed. The investigations look at the relevant gender-related legislation, the participation of women in the institutional arena and the constitutional interpretation made by constitutional justice on gender issues. Furthermore, the book highlights women’s contributions in their roles as judges, parliamentarians, activists and academics, thus increasing the visibility of their participation in the public sphere. The work will be of interest to academics, researchers and policy-makers working in the areas of Constitutional Law, Comparative Law, Human Rights Law and Women’s and Gender Studies.
