JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional PDF Download
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Author: Renata Furtado de Barros
Publisher: Lulu.com
ISBN: 1300495987
Category :
Languages : en
Pages : 501
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Book Description
Author: Renata Furtado de Barros
Publisher: Lulu.com
ISBN: 1300495987
Category :
Languages : en
Pages : 501
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Book Description
Author: Edvaldo Moita
Publisher: Bloomsbury Publishing
ISBN: 1509966269
Category : Law
Languages : en
Pages : 195
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Book Description
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).
Author: João Andrade Neto
Publisher: Springer
ISBN: 3030022633
Category : Law
Languages : en
Pages : 340
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Book Description
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:
Publisher: Dykinson
ISBN: 8413773091
Category :
Languages : en
Pages :
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Book Description
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.
Author: Giuseppe Franco Ferrari
Publisher: BRILL
ISBN: 9004297596
Category : Law
Languages : en
Pages : 915
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Book Description
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.
Author: Enrique Peruzzotti
Publisher: University of Pittsburgh Pre
ISBN: 0822972883
Category : Political Science
Languages : en
Pages : 378
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Book Description
A compelling account of how civic and media-based initiatives have successfully fought for greater governmental accountability in the emerging democracies of Latin America.
Author: Singh, Avani
Publisher: UNESCO Publishing
ISBN: 9231003011
Category :
Languages : en
Pages : 218
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Book Description
Author: Keith E. Whittington
Publisher: Harvard University Press
ISBN: 0674045157
Category : Law
Languages : en
Pages : 315
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Book Description
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.
Author: Kai Möller
Publisher: Oxford University Press
ISBN: 0199664609
Category : Law
Languages : en
Pages : 239
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Book Description
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.
Author: Adrián Albala
Publisher: Springer
ISBN: 3319678019
Category : Social Science
Languages : en
Pages : 214
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Book Description
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.
