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 On the Limits of Constitutional Adjudication written by Juliano Zaiden Benvindo and published by Springer. This book was released on 2014-10-07 with total page 0 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 Expounding the Constitution written by Grant Huscroft and published by Cambridge University Press. This book was released on 2008-04-21 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.
Download or read book New Challenges to Constitutional Adjudication in Europe written by Zoltán Szente and published by Routledge. This book was released on 2018-03-09 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past few years, constitutional courts have been presented with new challenges. The world financial crisis, the new wave of terrorism, mass migration and other country-specific problems have had wide-ranging effects on the old and embedded constitutional standards and judicial constructions. This book examines how, if at all, these unprecedented social, economic and political problems have affected constitutional review in Europe. As the courts’ response must conform with EU law and in some cases international law, analysis extends to the related jurisprudence of the European Court of Justice and the European Court of Human Rights. The collection adopts a common analytical structure to examine how the relevant challenges have been addressed in ten country specific case studies. Alongside these, constitutional experts frame the research within the theoretical understanding of the constitutional difficulties of the day in Europe. Finally, a comparative chapter examines the effects of multilevel constitutionalism and identifies general European trends. This book will be essential reading for academics and researchers working in the areas of constitutional law, comparative law and jurisprudence.
Download or read book The Guardian of the Constitution written by Hans Kelsen and published by Cambridge University Press. This book was released on 2015-02-19 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first English translation of Hans Kelsen's and Carl Schmitt's debate on the 'Guardian of the Constitution'.
Download or read book How Does the Constitution Secure Rights written by Robert A. Goldwin and published by A E I Press. This book was released on 1985 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the Constitution and how it provides for individual American rights.
Download or read book The Constitutional Protection of Freedom of Expression written by Richard Moon and published by University of Toronto Press. This book was released on 2000-01-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moon argues that recognition of the social dynamic of communication is critical to understanding the potential value and harm of language and to addressing questions about the scope and limits on one's rights to freedom of expression.
Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.
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 384 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.
Download or read book Judgment Calls written by Daniel A. Farber and published by Oxford University Press. This book was released on 2009 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Judgment Calls, Daniel A. Farber and Suzanna Sherry present a fresh perspective on judicial review, taking aim at those who see only two types of approaches to judicial decisions: one based on constitutional law and one based on raw politics. Building on their previous book Beyond All Reason, which was a New York Times Notable Book of the Year, this volume is a similarly incisive challenge to some of the dominant tenets in mainstream legal studies and is sure to inspire debate. The authors aim to reconcile the democratic rule of law with the recognition that judges have discretion. The book takes on the problem of how the Supreme Court can operate in a principled way even in hard, politically charged cases where the legal materials fail to point unambiguously to a single outcome. Throughout, they describe the inherent constraints that keep judges from merely imposing their will, suggest standards for evaluating judicial performance, and make substantial suggestions for improvement. They close with a careful examination of the Supreme Court's controversial cases on the most pressing sociopolitical issues of recent times: the War on Terrorism, abortion, and affirmative action. Timely, trenchant, and carefully argued, Judgment Calls is a welcome addition to the literature on the intersection of constitutional interpretation and American politics.
Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Download or read book Unconstitutional Constitutional Amendments written by Yaniv Roznai and published by Oxford University Press. This book was released on 2017 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.
Download or read book Cosmic Constitutional Theory written by J. Harvie Wilkinson and published by OUP USA. This book was released on 2012-03-12 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.
Download or read book The Constitution the Courts and the Quest for Justice written by Robert A. Goldwin and published by A E I Press. This book was released on 1989 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: To find more information about Rowman and Littlefield titles, please visit www.rowmanlittlefield.com.
Download or read book Constitutional Conscience written by H. Jefferson Powell and published by University of Chicago Press. This book was released on 2008-09-15 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.
Download or read book Constitutionalism in Context written by David S. Law and published by . This book was released on 2022-02-09 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.
Download or read book Global Environmental Constitutionalism written by James R. May and published by Cambridge University Press. This book was released on 2015 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
