The Unwritten Brazilian Constitution

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The Unwritten Brazilian Constitution

Author : Rubens Becak
Publisher : Rowman & Littlefield
ISBN 13 : 1793623708
Total Pages : 285 pages
Book Rating : 4.7/5 (936 download)

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Book Synopsis The Unwritten Brazilian Constitution by : Rubens Becak

Download or read book The Unwritten Brazilian Constitution written by Rubens Becak and published by Rowman & Littlefield. This book was released on 2020-11-09 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Unwritten Brazilian Constitution offers an unexplored topic outside Portuguese language: the leading cases on human rights in the Brazilian Supreme Court (Supremo Tribunal Federal – STF). The Brazilian Constitution of 1988 represents an institutional framework able to restructure the relationship between the powers after the military dictatorship. The constituents drafted the Brazilian Constitution in order to set an extensive system of judicial protection for fundamental rights, by means of several instruments that have strengthened access to the Judiciary. Because the Brazilian Constitution has an extensive list of fundamental rights, the STF was called to interpret them several times and it developed an unwritten understanding of these fundamental rights. These decisions are not available to the international community since they are not translated to English. Based on this gap, this original book illustrates the main rulings on human rights analyzed by great scholars in Brazil. The text presents a deep discussion regarding the characteristics of the cases and demonstrates how the STF has built the legal arguments to interpret the extension of the fundamental rights.

Afro-Latin American Studies

Author : Alejandro de la Fuente
Publisher : Cambridge University Press
ISBN 13 : 1316832325
Total Pages : 663 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Afro-Latin American Studies by : Alejandro de la Fuente

Download or read book Afro-Latin American Studies written by Alejandro de la Fuente and published by Cambridge University Press. This book was released on 2018-04-26 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alejandro de la Fuente and George Reid Andrews offer the first systematic, book-length survey of humanities and social science scholarship on the exciting field of Afro-Latin American studies. Organized by topic, these essays synthesize and present the current state of knowledge on a broad variety of topics, including Afro-Latin American music, religions, literature, art history, political thought, social movements, legal history, environmental history, and ideologies of racial inclusion. This volume connects the region's long history of slavery to the major political, social, cultural, and economic developments of the last two centuries. Written by leading scholars in each of those topics, the volume provides an introduction to the field of Afro-Latin American studies that is not available from any other source and reflects the disciplinary and thematic richness of this emerging field.

Guide to Foreign and International Legal Citations

Author :
Publisher :
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Guide to Foreign and International Legal Citations by :

Download or read book Guide to Foreign and International Legal Citations written by and published by . This book was released on 2006 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Formerly known as the International Citation Manual"--p. xv.

The Meaning of Liberalism in Brazil

Author : Milton Tosto
Publisher : Lexington Books
ISBN 13 : 9780739109861
Total Pages : 214 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis The Meaning of Liberalism in Brazil by : Milton Tosto

Download or read book The Meaning of Liberalism in Brazil written by Milton Tosto and published by Lexington Books. This book was released on 2005 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Meaning of Liberalism in Brazil explores the consequences of globalization in emerging-market economies using Brazil as a case study. This well-researched and thought provoking book elaborates a new interpretation of Brazilian society by showing the relationship between political thought and economics, as well as how the two disciplines can interact, working together to shape a nation. Milton Tosto Jr. carefully traces the meaning of liberalism throughout Brazilian history, explaining liberalism's birth and collapse, and ultimately offers reasons why the new liberal institutions of Brazil have an excellent chance of prospering. Anyone interested in economics, political theory, or Latin American studies will find this unique and insightful volume helpful.

Constitutional Idolatry and Democracy

Author : Brian Christopher Jones
Publisher : Edward Elgar Publishing
ISBN 13 : 1788971108
Total Pages : 217 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Constitutional Idolatry and Democracy by : Brian Christopher Jones

Download or read book Constitutional Idolatry and Democracy written by Brian Christopher Jones and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Idolatry and Democracy investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focussed around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Chapters analyse whether written constitutions can educate the citizenry, invigorate voter turnout, or deliver ‘We the People’ sovereignty.

Borrowing Justification for Proportionality

Author : João Andrade Neto
Publisher : Springer
ISBN 13 : 3030022633
Total Pages : 349 pages
Book Rating : 4.0/5 (3 download)

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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.

The Oxford Handbook of Comparative Foreign Relations Law

Author : Curtis A. Bradley
Publisher :
ISBN 13 : 0190653337
Total Pages : 891 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of Comparative Foreign Relations Law by : Curtis A. Bradley

Download or read book The Oxford Handbook of Comparative Foreign Relations Law written by Curtis A. Bradley and published by . This book was released on 2019 with total page 891 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 46-chapter book, written by leading experts across the globe, compares and contrasts the foreign relations law of nations around the world, both documenting important differences and also noting commonalities and emerging trends. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.

Tried and Convicted

Author : Michael D. Cicchini
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1442217197
Total Pages : 175 pages
Book Rating : 4.4/5 (422 download)

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Book Synopsis Tried and Convicted by : Michael D. Cicchini

Download or read book Tried and Convicted written by Michael D. Cicchini and published by Rowman & Littlefield Publishers. This book was released on 2012-07-12 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: When an individual is accused of a crime he is provided, at least in theory, with numerous constitutional rights throughout the legal process. These constitutional rights, however, are soft and flexible, and are subject to a tremendous amount of manipulation by police, prosecutors, and judges. The result is that these government agents are easily able to bypass, and in fact destroy, our constitutional protections. This abuse of our fundamental rights is extremely dangerous. Far from being mere technicalities, constitutional rights benefit all citizens, not just the factually guilty, in ways that go unappreciated by most of us. In today’s hyper-vigilant, tough-on-crime climate, many good people from all walks of life find themselves charged with serious crimes for behaving in ways that most of us would be shocked to learn are criminal. For these reasons, it is in all of our interests to ensure strong constitutional safeguards for everyone. Tried and Convicted explains several individual constitutional rights that are intended to protect us from the vagaries of the criminal justice system, and gives detailed examples of how government agents routinely circumvent those rights. It also exposes the underlying problems that enable government agents to circumvent the constitution, and concludes by offering potential solutions to these problems. Using real life examples throughout, Cicchini provides a wake-up call for all of us.

The Psychological Legacy of Slavery

Author : Benjamin P. Bowser
Publisher : McFarland
ISBN 13 : 1476642338
Total Pages : 308 pages
Book Rating : 4.4/5 (766 download)

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Book Synopsis The Psychological Legacy of Slavery by : Benjamin P. Bowser

Download or read book The Psychological Legacy of Slavery written by Benjamin P. Bowser and published by McFarland. This book was released on 2021-03-23 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays surveys the practices, behaviors, and beliefs that developed during slavery in the Western Hemisphere, and the lingering psychological consequences that continue to impact the descendants of enslaved Africans today. The psychological legacies of slavery highlighted in this volume were found independently in Brazil, the U.S., Belize, Jamaica, Colombia, Haiti, and Martinique. They are color prejudice, self and community disdain, denial of trauma, black-on-black violence, survival crime, child beating, underlying African spirituality, and use of music and dance as community psychotherapy. The effects on descendants of slave owners include a belief in white supremacy, dehumanization of self and others, gun violence, and more. Essays also offer solutions for dealing with this vast psychological legacy. Knowledge of the continuing effects of slavery has been used in psychotherapy, family, and group counseling of African slave descendants. Progress in resolving these legacies has been made as well using psychohistory, forensic psychiatry, family social histories, and community mental health. This knowledge is crucial to eventual reconciliation and resolution of the continuing legacies of slavery and the slave trade.

Comparative Constitutional History

Author : Francesco Biagi
Publisher : BRILL
ISBN 13 : 9004523731
Total Pages : 392 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Comparative Constitutional History by : Francesco Biagi

Download or read book Comparative Constitutional History written by Francesco Biagi and published by BRILL. This book was released on 2022-12-05 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in constitutional adjudication.

Behind Bars in Brazil

Author : Joanne Mariner
Publisher : Human Rights Watch
ISBN 13 : 9781564321954
Total Pages : 166 pages
Book Rating : 4.3/5 (219 download)

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Book Synopsis Behind Bars in Brazil by : Joanne Mariner

Download or read book Behind Bars in Brazil written by Joanne Mariner and published by Human Rights Watch. This book was released on 1998 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: Access to the Press

The Supreme Court, the Constitution, and William Rehnquist

Author : Steven T. Seitz
Publisher : Lexington Books
ISBN 13 : 1498568831
Total Pages : 287 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis The Supreme Court, the Constitution, and William Rehnquist by : Steven T. Seitz

Download or read book The Supreme Court, the Constitution, and William Rehnquist written by Steven T. Seitz and published by Lexington Books. This book was released on 2020-07-07 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Founding Fathers wrote the Constitution at a level sufficiently general to guide lawmaking while avoiding great detail. This four-page document has guided the United States of America for more than two centuries. The Supreme Court has parsed the document into clauses, which plaintiffs and defendants invoke in cases or controversies before the Court. Some, like the Interstate Commerce Clause, are central to the survival of a government of multiple sovereignties. The practice of observing case precedents allows orderly development of the law and consistent direction to the lower courts. The Court itself claimed the final power of judicial review, despite efforts to the contrary by the executive and legislative branches of the national government and the state supreme courts. The Court then limited its own awesome power through a series of self-imposed rules of justiciability. These rules set the conditions under which the Court may exercise the extraordinary final power of judicial review. Some of these self-imposed limits are prudential, some logical, and some inviting periodic revision. This book examines the detailed unfolding of several Constitutional clauses and the rules of justiciability. For each clause and each rule of justiciability, the book begins with the brilliant foundations laid by Chief Justice John Marshall, then to the anti-Federalist era, the Civil War, the dominance of laissez faire and social Darwinism, the Great Depression redirection, the civil rights era, and finally the often-hapless efforts of Chief Justice Rehnquist.

Towering Judges

Author : Rehan Abeyratne
Publisher : Cambridge University Press
ISBN 13 : 1108840213
Total Pages : 361 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Towering Judges by : Rehan Abeyratne

Download or read book Towering Judges written by Rehan Abeyratne and published by Cambridge University Press. This book was released on 2021-03-25 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This first-of-its-kind volume surveys twenty constitutional judges who 'towered' over their peers, exploring their complexities and flaws.

Unequal Giants

Author : Joseph Smith
Publisher : University of Pittsburgh Pre
ISBN 13 : 0822976749
Total Pages : 309 pages
Book Rating : 4.8/5 (229 download)

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Book Synopsis Unequal Giants by : Joseph Smith

Download or read book Unequal Giants written by Joseph Smith and published by University of Pittsburgh Pre. This book was released on 1991-09-15 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1889 the Brazilian empire was overthrown in a military coup. The goodwill and assistance of the United States to the young republic of Brazil helped forge an alliance. But America's apparently irresistible political and economic advances into Brazil were also hampered by disagreements-over naval armaments, reciprocity arrangements, the issue of coffee valorization, and in the 1920s over Brazil's efforts to play an active role in the League of Nations at Geneva. The relationship proved to be unequal, with the United States gaining influence in Latin America, as the Brazilian elite's ambitions and vanities were fed.

Brazil Today [2 volumes]

Author : John J. Crocitti
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313346739
Total Pages : 816 pages
Book Rating : 4.3/5 (133 download)

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Book Synopsis Brazil Today [2 volumes] by : John J. Crocitti

Download or read book Brazil Today [2 volumes] written by John J. Crocitti and published by Bloomsbury Publishing USA. This book was released on 2011-12-12 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: For students, business people, government officials, artists, and tourists—in short, anyone traveling to or wishing to know more about contemporary Brazil—this is an essential resource. The two-volume Brazil Today: An Encyclopedia of Life in the Republic is an introductory work intended for those in search of basic information about Brazilian institutions, businesses, social issues, and culture. At the same time, it is a work that reflects the nation's geographic, demographic, economic, and cultural diversity. The wide-reaching encyclopedia offers an entry for each Brazilian state with information about the land, climate, economy, and culture. It also offers extensive coverage of the country's political parties and leaders, its governmental and non-governmental organizations, and the environmental issues and social problems that shape Brazilian politics today. In addition, the work pays considerable attention to the economy and business through entries on industry, agriculture, commerce, banking, and economic policies. Finally, there are entries that illuminate various aspects of Brazil's culture, including the nation's social movements, religion, education, music, cuisine, and literature, as well as personalities from sports and entertainment.

The Architecture of Constitutional Amendments

Author : Richard Albert
Publisher : Bloomsbury Publishing
ISBN 13 : 1509959092
Total Pages : 277 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Architecture of Constitutional Amendments by : Richard Albert

Download or read book The Architecture of Constitutional Amendments written by Richard Albert and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book blends constitutional theory with real-life political practice to explore the impact of codifying constitutional amendments on the operation of the constitution in relation to democracy, the rule of law, and the separation of powers. It draws from comparative, historical, political and theoretical perspectives to answer questions all constitutional designers should ask themselves: - Should the constitution append amendments sequentially to the end of the text? - Should it embed amendments directly into the existing text, with notations about what has been modified and how? - Should it instead insert amendments into the text without indicating at all that any alteration has occurred? The book examines the 3 major models of amendment codification – the appendative, the integrative, and the invisible models – and also shows how some jurisdictions have innovated alternative forms of amendment codification that combine elements of more than 1 model in a unique hybridisation driven by history, law, and politics. Constitutional designers rarely consider where in the constitution to codify amendments once they are ratified. Yet this choice is pivotal to the operation of any constitution. This groundbreaking book shows why the placement of constitutional amendments goes well beyond mere aesthetics. It influences how and whether a people remembers its past, how the constitutional text will be interpreted and by whom, and whether the constitution will be easily accessible to the governed. A global tour of the high stakes of constitution-making, this book features 18 diverse and outstanding scholars from around the world – across Africa, America, Asia and Oceania, and Europe – raising new questions, opening our eyes to new streams of research, and uncovering new possibilities for constitutional design.

The Invisible Constitution

Author : Laurence H. Tribe
Publisher : Oxford University Press
ISBN 13 : 019974095X
Total Pages : 372 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Invisible Constitution by : Laurence H. Tribe

Download or read book The Invisible Constitution written by Laurence H. Tribe and published by Oxford University Press. This book was released on 2008-09-17 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what is not written in the Constitution plays a key role in its interpretation. Indeed some of the most contentious Constitutional debates of our time hinge on the extent to which it can admit of divergent readings. In The Invisible Constitution, Tribe argues that there is an unseen constitution--impalpable but powerful--that accompanies the parchment version. It is the visible document's shadow, its dark matter: always there and possessing some of its key meanings and values despite its absence on the page. As Tribe illustrates, some of our most cherished and widely held beliefs about constitutional rights are not part of the written document, but can only be deduced by piecing together hints and clues from it. Moreover, some passages of the Constitution do not even hold today despite their continuing existence. Amendments may have fundamentally altered what the Constitution originally said about slavery and voting rights, yet the old provisos about each are still in the text, unrevised. Through a variety of historical episodes and key constitutional cases, Tribe brings to life this invisible constitution, showing how it has evolved and how it works. Detailing its invisible structures and principles, Tribe compellingly demonstrates the invisible constitution's existence and operative power. Remarkably original, keenly perceptive, and written with Tribe's trademark analytical flair, this latest volume in Oxford's Inalienable Rights series offers a new way of understanding many of the central constitutional debates of our time. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.