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Justica E Democracia As Novas Perspectivas Da 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 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Innovation and Transition in Law: Experiences and Theoretical Settings by :
Download or read book Innovation and Transition in Law: Experiences and Theoretical Settings written by and published by Dykinson. This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book features a discussion on the modernisation of law and legal change, focusing on the key concepts of innovation" and "transition". These concepts both appear to be relevant and poorly defined in contemporary legal science. A critical reflection on the heuristic value of these categories seems appropriate, particularly considering their dyadic value. While innovation is increasingly appearing in the present day as being the category in which one looks at the modernisation of law, the concept of transition also seems to be the privileged place of occurrence for such dynamics. This group of Italian and Brazilian scholars contributing to this volume intends to investigate such problems through an interdisciplinary prism. It includes points of view both internal to legal studies - such as the history of law, theory of law, constitutional law, private law and commercial law - and external, such as political philosophy and history of justice and political institutions.
Book Synopsis The Nature and Impacts of Noncompliance by : Edvaldo Moita
Download or read book The Nature and Impacts of Noncompliance written by Edvaldo Moita and published by Bloomsbury Publishing. This book was released on 2023-06-29 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over 2 billion people (61% of the world's employed population) work in the informal economy. Due to its pervasiveness, informality plays a major role in understanding a wide swath of ideas, such as development, work, employment, governance, and growth. Its scope, nonetheless, goes far beyond economic definitions and political agendas. As the book argues, at the root of informality lies another comprehensive, yet generally unnoticed-or at best improperly treated-phenomenon: that of noncompliance with the law. Whilst it is true that much attention has been paid to the economic aspect over the past 5 decades, the same cannot be said about the legal aspect, which is one of its constitutive features. This book takes the first steps in this direction. The book provides an account of the phenomenon's legal nature through the lens of a case study on street vendors in Brazil, focusing on what can be conceived as noncompliance and by which forms noncompliant behaviour can be assessed. It goes on to set out the most striking impacts of noncompliance; specifically, what happens with the legal system when noncompliance becomes pervasive. The Nature and Impacts of Noncompliance was awarded The European Award for Legal Theory 2022 from the European Academy of Legal Theory (EALT) and Prêmio Abrafi de Teses 2022 from the Brazilian Association for Philosophy of Law and Sociology of Law (Abrafi).
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 340 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.
Book Synopsis Judicial Cosmopolitanism by : Giuseppe Franco Ferrari
Download or read book Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and published by BRILL. This book was released on 2019-09-24 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.
Book Synopsis Enforcing the Rule of Law by : Enrique Peruzzotti
Download or read book Enforcing the Rule of Law written by Enrique Peruzzotti and published by University of Pittsburgh Pre. This book was released on 2006-04-07 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compelling account of how civic and media-based initiatives have successfully fought for greater governmental accountability in the emerging democracies of Latin America.
Book Synopsis Constitutional Construction by : Keith E. Whittington
Download or read book Constitutional Construction written by Keith E. Whittington and published by Harvard University Press. This book was released on 2009-06-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.
Book Synopsis The Global Model of Constitutional Rights by : Kai Möller
Download or read book The Global Model of Constitutional Rights written by Kai Möller and published by Oxford University Press. This book was released on 2012-10-25 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid spread of judicially-enforced constitutional rights has been one of the most dramatic developments in modern law. This book argues that there is now a global model for how such rights should function, and develops an original, philosophically grounded, account of their nature and scope.
Book Synopsis Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective by : Dário Moura Vicente
Download or read book Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective written by Dário Moura Vicente and published by Martinus Nijhoff Publishers. This book was released on 2016-04-21 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective offers a comprehensive overview of legal issues concerning the role and interrelations of international courts and jurisdictions.
Download or read book Struggles for recognition written by and published by Dykinson. This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decades, an increasingly influential Political Philosophy approach has been seen to defend issues relating to cultural injustices. The daily struggles arising from political agendas within different societies confirm this. This perspective can be summarised using the Hegelian expression “struggle for recognition”, and it is this expression that underpins the current position of minorities members and their defenders. This means that misrecognition, disrespect, and humiliation form the base of (cultural) injustices and must be avoided. Minorities are a fundamental part of democratic societies, but their rights have not always been respected. Inmigrants are currently the object of xenophobic campaigns. Rome people, the European minority, face additional difficulties, which results in them being key players in cases of indiret discrimination. The distribution of territorial power and the situation of national minorities have been causes of different political problems.“Who am I? Where do I belong?” are questions asking for indentity. Some people argue these should be relevant issues when applying the criminal law, circle of moral incumbency to cover animals -non humans-, arguing that they of life that involves their survival as a whole. Those groups are faced with members and their defenders.This publication is part of the “New Challenges of Law” project. Action agreement UC3M-CAM excellence of the University teaching staff (V Regional Plan for scientific research and technological innovation).
Book Synopsis Civil Society and Political Representation in Latin America (2010-2015) by : Adrián Albala
Download or read book Civil Society and Political Representation in Latin America (2010-2015) written by Adrián Albala and published by Springer. This book was released on 2017-11-03 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents in-depth analyses of the wave of political protest and unrest that spread throughout Latin America between 2010 and 2015 in order to answer a question that has been challenging social scientists all over the region: why some countries have faced a divorce between their social movements and political parties while others have not? The contributions gathered in this volume intend to show that the logic of political representation in Latin America and its supposed “crisis” is not a common and constant feature for all region. Some countries like Chile, Brazil, Colombia and Mexico seem to have experienced a process of autonomization of its social movements vis-à-vis its institutional political system. However, Argentina, Bolivia, Ecuador and Uruguay have not seen such a split between civil society and the political parties. Bringing together eight case studies of the countries mentioned and a general assessment of the situation in the whole region, this book presents some interesting findings that will contribute to the discussions about the political representation crisis in Latin America, providing valuable resources for political leaders, researchers, policy makers and social activists in the region.
Book Synopsis Legal standards on freedom of expression by : Singh, Avani
Download or read book Legal standards on freedom of expression written by Singh, Avani and published by UNESCO Publishing. This book was released on 2018-12-31 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Reconceptualization of European Union Citizenship by : Elspeth Guild
Download or read book The Reconceptualization of European Union Citizenship written by Elspeth Guild and published by Martinus Nijhoff Publishers. This book was released on 2014-01-09 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book maps out, from a variety of theoretical standpoints, the challenges generated by European integration and EU citizenship for community membership, belonging and polity-making beyond the state. It does so by focusing on three main issues of relevance for how EU citizenship has developed and its capacity to challenge state sovereignty and authority as the main loci of creating and delivering rights and protection. First, it looks at the relationship between citizenship of the Union and European identity and assesses how immigration and access to nationality in the Member States impact on the development of a common European identity. Secondly, it discusses how the idea of solidarity interacts with the boundaries of EU citizenship as constructed by the entitlement and capacity of mobile citizens to enjoy equality and social rights as EU citizens. Thirdly, the book engages with issues of EU citizenship and equality as the building blocks of the EU project. By engaging with these themes, this volume provides a topical and comprehensive account of the present and future development of Union citizenship and studies the collisions between the realisation of its constructive potential and Member State autonomy.
Book Synopsis Protecting Human Rights Defenders in Latin America by : Ulisses Terto Neto
Download or read book Protecting Human Rights Defenders in Latin America written by Ulisses Terto Neto and published by Springer. This book was released on 2017-09-21 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a legal and socio-political analysis of the Brazilian Program for the Protection of Human Rights Defenders. Discussing Colombian, Guatemalan and Mexican experiences, it fills a gap in the literature regarding Latin American public policy by investigating the creation, work, beneficiaries, broader effects, challenges, and effective ways to improve the Brazilian Program.
Book Synopsis The Essence of Human Freedom by : Martin Heidegger
Download or read book The Essence of Human Freedom written by Martin Heidegger and published by Bloomsbury Publishing. This book was released on 2005-03-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Essence of Human Freedom is a fundamental text for understanding Heidegger's view of Greek philosophy and its relationship to modern philosophy. These previously untranslated lectures were delivered by Heidegger at the University of Freiburg in the summer of 1930.
Book Synopsis Crises of Democracy by : Adam Przeworski
Download or read book Crises of Democracy written by Adam Przeworski and published by Cambridge University Press. This book was released on 2019-09-26 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the economic, social, cultural, as well as purely political threats to democracy in the light of current knowledge.
Book Synopsis Normative Jurisprudence by : Robin West
Download or read book Normative Jurisprudence written by Robin West and published by Cambridge University Press. This book was released on 2011-08-22 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.
