Download or read book Democratic Government and Constitutional Jurisdiction written by Clèmerson Merlin Clève and published by Rowman & Littlefield. This book was released on 2022-01-24 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a series of articles produced in recent years and contains elements that can provide a panoramic view of the most prominent discussions in constitutional law in our time. The book is divided in five main parts, each of them is an article and addresses issues related to constitutional law, democracy and institutions. It brings about the challenges that Brazil must confront as part of the process of constructing a free, just and compassionate society, this book is intended to be an additional tool for improving the country’s institutions. In the inevitable presence of doubts and dreams, we seek to offer alternatives in order to ensure that this project continues.

Download or read book JUSTI A E DEMOCRACIA as novas perspectivas da hermen utica 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.

Download or read book Latin American Perspectives on Law and Religion written by Rodrigo Vitorino Souza Alves and published by Springer Nature. This book was released on 2020-05-16 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes a valuable contribution to the fascinating global debate on the meaning and scope of freedom of religion or belief and the relations between state, society and religion. It offers a cross-thematic approach to law and religion from the Global South. Law and religion have been consolidated to form a specific area of study in recent years. However, due to language barriers, most of the regional and national debates within Latin America have not been accessible to interested audiences from other parts of the world. Despite the specificities of the Latin American context, the issues, arrangements and processes that have been negotiated and developed in this part of the Global South make a valuable contribution to addressing the challenges that have arisen in other regions. The book analyses the intersections and interactions between religion and other far-reaching subjects such as politics and democracy, traditional cultures, national and ethnic groups, majorities and minorities, public education, management of diversity, intolerance and violence, as well as secularism and equality. The collection of essays is of interest not only to legal scholars and practitioners, but also to sociologists, political scientists and theologians, as well as to policymakers and civil society organizations.

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.

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.

Download or read book PROPRIEDADE PRIVADA E FUN O SOCIAL SEGUNDO O MARXISMO E A TEORIA CR TICA written by Felipe Frank and published by Lulu.com. This book was released on 2019-02-15 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: O presente trabalho corresponde à terceira parte expandida da dissertação de mestrado do autor, defendida em 07/04/2014 no âmbito da Faculdade de Direito da Universidade Federal do Paraná, sob a orientação dos professores Luiz Edson Fachin e Carlos Eduardo Pianovski Ruzyk. Na obra, o autor busca decompor a crítica do marxismo à propriedade privada para aclarar como se deu a construção de uma nova filosofia pautada pela luta de classes e como ela contribuiu para a criação da teoria crítica do direito, que propagou a noção de função social da propriedade.

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.

Download or read book Religion and Law in Brazil written by Thiago Magalhães Pires and published by Kluwer Law International B.V.. This book was released on 2023-09-25 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Brazil deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in Brazil. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.

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.

Download or read book An Unamendable Constitution written by Richard Albert and published by Springer. This book was released on 2018-09-03 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstitutional constitutional amendment traces its political foundations to France and the United States, its doctrinal origins to Germany, and it has migrated in some form to all corners of the democratic world. One can trace this paradox to the concept of constitutional unamendability. Constitutional unamendability can be understood as a formally entrenched provision(s) or an informally entrenched norm that prohibits an alteration or violation of that provision or norm. An unamendable constitutional provision is impervious to formal amendment, even with supermajority or even unanimous agreement from the political actors whose consent is required to alter the constitutional text. Whether or not it is enforced, and also by whom, this prohibition raises fundamental questions implicating sovereignty, legitimacy, democracy and the rule of law.

Download or read book Culture and Defence in Brazil written by Maria Filomena Fontes Ricco and published by Routledge. This book was released on 2017-02-03 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the connection between culture and defence by providing an inside look at Brazil’s aerospace strategies. Brazil is becoming increasingly important geopolitically, and several studies have sought to further understanding of this new position in the international arena. This volume aims to provide a better understanding of the Brazilian nation, its security dilemmas, and how the country seeks to develop its defence training process and improve its professional military education. Organised into two parts, the chapters offer academic dialogues on several aspects of this topic, including public politics and the law, joint operations, human factors and the government interchanges with industry. The first section analyses Brazilian defence policy and strategy, discussing different aspects of aerospace power and Brazilian security perspectives. Chapters discuss the relationship between Brazil and the United States, which blend aspects of the generation of knowledge, science, technology and innovation, and point to economic issues and the Defence Industrial Base. Specific implications of the Brazilian air space, compared with Europe and the United States, also are exposed. In addition, a vision of cyberspace implications for the national power, a present-day question for the entire planet, is also presented. Thereafter, the second section looks at specific aspects of professional military education and explains the Brazilian approach to strengthening its aerospace power. This includes military education and performance, interdisciplinary studies, working jointly, multivariate analysis and cases. This book will be of much interest to students of military studies, defence studies, gender issues, crises management and decision making, Latin American politics and International Relations in general.

Download or read book Constitutionalism and the Paradox of Principles and Rules written by Marcelo Neves and published by Oxford University Press. This book was released on 2021 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title tackles the dominant constitutional theories provided by Ronald Dworkin and Robert Alexy and presents a critical counterpoint. It considers the paradoxical relationship between principles and rules within constitutional theory. This is essential reading for those involved in constitutional adjudication involving rules and principles.

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.

Download or read book Sociology of Constitutions written by Alberto Febbrajo and published by Routledge. This book was released on 2016-05-05 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together some of the most influential sociologists of law to confront the challenges of current transnational constitutionalism. It shows the constitution appearing in a new light: no longer as an essential factor of unity and stabilisation but as a potential defence of pluralism and innovation. The first part of the book is devoted to the analysis of the concept of constitution, highlighting the elements that can contribute from a socio-legal perspective, to clarifying the principle meanings attributed to the constitution. The study goes on to analyse some concrete aspects of the functioning of constitutions in contemporary society. In applying Luhmann’s General Systems Theory to a comparative analysis of the concept of constitution, the work contributes to a better understanding of this traditional concept in both its institutionalised and functional aspects. Defining the constitution’s contents and functions both at the conceptual level and by taking empirical issues of particular comparative interest into account, this study will be of importance to scholars and students of sociology of law, sociology of politics and comparative public law.

Download or read book The Constitutional Dimension of Contract Law written by Luca Siliquini-Cinelli and published by Springer. This book was released on 2017-04-06 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the hallmarks of the present era is the discourse surrounding Human Rights and the need for the law to recognise them. Various national and supranational human rights instruments have been developed and implemented in order to transition society away from atrocity and callousness toward a more just and inclusive future. In some countries this is done by means of an overarching constitution, while in others international conventions or ordinary legislation hold sway. Contract law plays a pivotal role in this context. According to many, this is done through the much-debated ‘civilising mission’ of the contract, a notion which itself constitutes the canon of the Western liberal principle of ‘civilised economy’. The movement away from the belief in the absolute freedom of contract, which reached its zenith in the nineteenth century, to the principles of fairness and justice that underpin contract law today, is often deemed to be a testament to this civilising influence. Delving into the interplay between human rights policies, constitutional law, and contract law from both theoretical and practical perspectives, this first volume of a two-book collection offers a totally new reappraisal of the subject by gathering a collection of essays written by contract law scholars from Europe, South Africa, Canada, and Australia. Instead of providing the reader with a sterile compilation of positivistic norms and policies on the impact of fundamental rights and constitutional law issues on contract law’s development, the authors build on their personal experience to analyse specific topics related to contracting that include a constitutional dimension. The book fills an important void in comparative law scholarship and in so doing represents the starting point for further debate on the subject.

Download or read book The Role of the Judiciary in Environmental Governance written by Louis J Kotzé and published by Kluwer Law International B.V.. This book was released on 2009-04-17 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book investigates the environmental legal frameworks, court structures and relevant jurisprudence of nineteen countries, representing legal systems and legal cultures from a diverse array of countries situated across the globe. In doing so, it distils comparative trends, new developments, and best practices in adjudication endeavours, highlighting the benefits and shortcomings of the judicial approach to environmental governance.

Download or read book Law Reason and Emotion written by Mortimer Sellers (org.) and published by Initia Via Editora. This book was released on 2015-12-01 with total page 887 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume III: Working Groups