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Author : Mauro Cappelletti
Publisher :
ISBN 13 :
Total Pages : 142 pages
Book Rating : 4.:/5 (683 download)
Download or read book O Controle Judicial de Constitucionalidade das Leis no Direito Comparado written by Mauro Cappelletti and published by . This book was released on 1992 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Mauro Cappelletti
Publisher :
ISBN 13 : 9788575251409
Total Pages : 142 pages
Book Rating : 4.2/5 (514 download)
Download or read book O controle judicial de constitucionalidade das leis no direito comparado written by Mauro Cappelletti and published by . This book was released on 1999 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : SACHA CALMON NAVARRO COELHO
Publisher :
ISBN 13 : 9788530968755
Total Pages : 512 pages
Book Rating : 4.9/5 (687 download)
Download or read book CONTROLE DA CONSTITUCIONALIDADE DAS LEIS E O written by SACHA CALMON NAVARRO COELHO and published by . This book was released on with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Este livro examina o controle de constitucionalidade das leis em sua dimensão universal, com profunda incursão no Direito Comparado, e na sua aplicação ao Direito Brasileiro, particularizando o controle jurisdicional do poder de tributar na Constituição Federal de 1988. (...)Constituem páginas de alto valor doutrinário as que o Autor dedicou ao estudo do controle da constitucionalidade das leis no Brasil, destacando as duas modalidades do controle judiciário: o controle difuso que está confiado aos Juízes e aos Tribunais, de modo geral, e o controle concentrado, localizado com exclusividade no Supremo Tribunal, para defesa da Constituição Federal em face de lei ou de ato normativo federal ou estadual com ela conflitante e, também, sediada essa modalidade de controle nos Tribunais de Justiça dos Estados quando se tratar do conflito puro entre a Constituição do Estado e as leis ou atos normativos estaduais ou municipais. (...)O Controle de Constitucionalidade das Leis e o Poder de Tributar na CF/1988 é livro de notável relevo na bibliografia brasileira do Direito Constitucional Tributário e fonte de segura orientação aos estudiosos, aos intérpretes e aos aplicadores desse florescente ramo do conhecimento jurídico". - Trechos extraídos do prefácio escrito por Raul Machado Horta (in memoriam), Professor Catedrático e Emérito da Faculdade de Direito da Universidade Federal de Minas Gerais.
Author : Ademar Borges De Souza Filho
Publisher :
ISBN 13 : 9788545006794
Total Pages : 538 pages
Book Rating : 4.0/5 (67 download)
Download or read book O Controle De Constitucionalidade De Leis Penais N written by Ademar Borges De Souza Filho and published by . This book was released on 2019-07-29 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: O livro explora as potencialidades de constitucionalização do direito penal a partir da jurisdição constitucional, em particular da atuação do STF. Além de fornecer uma base teórica para discutir a relação entre a Constituição e o direito penal, a obra apresenta uma proposta organizada de reformulação do controle de constitucionalidade material (com base no princípio da proporcionalidade) e formal (com base no princípio da deliberação suficiente) das leis penais no Brasil. O livro discute ainda o tema das técnicas decisórias no controle de constitucionalidade de leis penais e o papel do STF em relação ao problema da omissão legislativa inconstitucional no campo criminal. Por fim, o livro formula uma proposta abrangente de constitucionalização da pena de prisão no Brasil, a partir da interação entre os recentes avanços da jurisprudência do STF e as inovações encontradas no direito comparado.
Author : Carmen Luiza Dias de Azambuja
Publisher :
ISBN 13 : 9788575254554
Total Pages : 736 pages
Book Rating : 4.2/5 (545 download)
Download or read book Controle judicial e difuso de constitucionalidade no direito brasileiro e comparado written by Carmen Luiza Dias de Azambuja and published by . This book was released on 2008 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: Esta obra divide-se em três partes - A Contribuição da Rule of Law na formação do Processo Constitucional Judicial Brasileiro, O Processo Constitucional do Controle Difuso de Constitucionalidade na Jurisdição Una Brasileira e A Extensão Erga Omnes da Declaração de Inconstitucionalidade no Controle Judicial e Difuso dos Atos Normativos na Jurisdição Una Brasileira.
Author : José Renato Martins
Publisher :
ISBN 13 : 9788574535128
Total Pages : 212 pages
Book Rating : 4.5/5 (351 download)
Download or read book O controle de constitucionalidade das leis no direito brasileiro written by José Renato Martins and published by . This book was released on 2004 with total page 212 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)
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
Author : Conrado Mendes
Publisher : Oxford University Press, USA
ISBN 13 : 0199670455
Total Pages : 274 pages
Book Rating : 4.1/5 (996 download)
Download or read book Constitutional Courts and Deliberative Democracy written by Conrado Mendes and published by Oxford University Press, USA. This book was released on 2013-12 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is often argued that courts are better suited for impartial deliberation than partisan legislatures, and that this capacity justifies handing them substantial powers of judicial review. This book provides a thorough analysis of those claims, introducing the theory of deliberative capacity and its implications for institutional design.
Author : European University Institute
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.F/5 ( download)
Download or read book Report of Activities written by European University Institute and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Eva Steiner
Publisher : Springer
ISBN 13 : 331916175X
Total Pages : 383 pages
Book Rating : 4.3/5 (191 download)
Download or read book Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions written by Eva Steiner and published by Springer. This book was released on 2015-05-05 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the temporal effect of judicial decisions and more specifically, with the hardship caused by the retroactive operation of overruling decisions. By means of a jurisprudential and comparative analysis, the book explores several issues created by the overruling of earlier decisions. Overruling of earlier decisions, when it occurs, operates retrospectively with the effect that it infringes the principle of legal certainty through upsetting any previous arrangements made by a party to a case under long standing precedents established previously by the courts. On this account, in the recent past, a number of jurisdictions have had to deal with the prospect of introducing in their own systems the well-established US practice of prospective overruling whereby the court may announce in advance that it will change the relevant rule or interpretation of the rule but only for future cases. However, adopting prospective overruling raises a series of issues mainly related to the constitutional limits of the judicial function coupled by the practical difficulties attendant upon such a practice. This book answers a number of the questions raised by this practice. It makes use of the great reservoir of foreign legal experience that furnishes theoretical and practical ideas from which national judges may draw their knowledge and inspiration in order to be able to advise a rational method of dealing with time when they give their decisions.
Author :
Publisher :
ISBN 13 :
Total Pages : 686 pages
Book Rating : 4.A/5 ( download)
Download or read book Cadernos do Programa de Pós-Graduação em Direito, PPGDir./UFRGS. written by and published by . This book was released on 2004 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Gretchen Helmke
Publisher : Cambridge University Press
ISBN 13 : 1139497162
Total Pages : 353 pages
Book Rating : 4.1/5 (394 download)
Download or read book Courts in Latin America written by Gretchen Helmke and published by Cambridge University Press. This book was released on 2011-01-17 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.
Author : Tom Ginsburg
Publisher : Cambridge University Press
ISBN 13 : 9780521520393
Total Pages : 322 pages
Book Rating : 4.5/5 (23 download)
Download or read book Judicial Review in New Democracies written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2003-07-23 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.
Author : Rosalind Dixon
Publisher : Edward Elgar Publishing
ISBN 13 : 1785369210
Total Pages : 387 pages
Book Rating : 4.7/5 (853 download)
Download or read book Comparative Constitutional Law in Latin America written by Rosalind Dixon and published by Edward Elgar Publishing. This book was released on 2017-06-30 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides unique insights into the practice of democratic constitutionalism in one of the world’s most legally and politically significant regions. It combines contributions from leading Latin American and global scholars to provide ‘bottom up’ and ‘top down’ insights about the lessons to be drawn from the distinctive constitutional experiences of countries in Latin America. In doing so, it also draws on a rich array of legal and interdisciplinary perspectives. Ultimately, it shows both the promise of democratic constitutions as a vehicle for social, economic and political change, and the variation in the actual constitutional experiences of different countries on the ground – or the limits to constitutions as a locus for broader social change.
Author : Carlos Ferreira de Almeida
Publisher : Adriano Celestino
ISBN 13 :
Total Pages : 196 pages
Book Rating : 4./5 ( download)
Download or read book Direito Comparado written by Carlos Ferreira de Almeida and published by Adriano Celestino. This book was released on with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Martin M. Shapiro
Publisher : Oxford University Press, USA
ISBN 13 : 9780199256488
Total Pages : 417 pages
Book Rating : 4.2/5 (564 download)
Download or read book On Law, Politics, and Judicialization written by Martin M. Shapiro and published by Oxford University Press, USA. This book was released on 2002 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a compilation of papers on the politics of law, courts, and judging.
Author : Sylvia Snowiss
Publisher : Yale University Press
ISBN 13 : 9780300046656
Total Pages : 252 pages
Book Rating : 4.0/5 (466 download)
Download or read book Judicial Review and the Law of the Constitution written by Sylvia Snowiss and published by Yale University Press. This book was released on 1990-01-01 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, the author presents a new interpretation of the origin of judicial review. She traces the development of judicial review from American independence through the tenure of John Marshall as Chief Justice, showing that Marshall's role was far more innovative and decisive than has yet been recognized. According to the author all support for judicial review before Marshall contemplated a fundamentally different practice from that which we know today. Marshall did not simply reinforce or extend ideas already accepted but, in superficially minor and disguised ways, effected a radical transformation in the nature of the constitution and the judicial relationship to it.
