A Crise Da Constitui O A Constituinte E O Supremo Tribunal Federal

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Constitutional Faith

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Author : Sanford Levinson
language : en
Publisher: Princeton University Press
Release Date : 2011-09-11

Constitutional Faith written by Sanford Levinson and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-11 with History categories.

"The book is intended to make clearer the ambiguities of "constitutional faith," i.e. wholehearted attachment to the Constitution as the center of one's (and ultimately the nation's) political life."--The introduction.

Law And Sacrifice

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Author : Johan Van der Walt
language : en
Publisher: CRC Press
Release Date : 2014-06-11

Law And Sacrifice written by Johan Van der Walt and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-11 with Law categories.

In the wake of apartheid, Law and Sacrifice draws on the uniquely expansive protection of fundamental rights now entrenched in the South African Constitution to outline a new theory of law. The South African Constitution not only protects the rights of people against abuses of power by the state, but also against abuses of power by private legal subjects. Drawing upon the work of contemporary thinkers such as Martin Heidegger, Hannah Arendt, George Bataille, Jacques Derrida Emmanuel Levinas and Jean-Luc Nancy, the author elicits the radical democratic potential of this 'horizontal' notion of rights. Johan van der Walt argues that apartheid must be understood as more than a racist abuse of power, and here he articulates its 'sacrificial logic'. It is in going beyond this logic, he maintains, that the truly democratic potential of the South African Constitution can be understood: in a radical formal and substantive equality that offers the legal basis for rethinking a post-apartheid future. Combining a rigorous theoretical understanding with a subtle political engagement, Law and Sacrifice is a dazzling interrogation of the limits and possibilities of democratic pluralism. It will be of interest to political and legal theorists as well as to those who are concerned with South African law and politics.

A Constitution Of Many Minds

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Author : Cass R. Sunstein
language : en
Publisher: Princeton University Press
Release Date : 2009-01-19

A Constitution Of Many Minds written by Cass R. Sunstein and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-19 with Law categories.

The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Sunstein demonstrates that in all three contexts a "many minds" argument is at work--put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.

A Finite Thinking

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Author : Jean-Luc Nancy
language : en
Publisher: Cultural Memory in the Present
Release Date : 2003

A Finite Thinking written by Jean-Luc Nancy and has been published by Cultural Memory in the Present this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Philosophy categories.

This book is a rich collection of philosophical essays radically interrogating key notions and preoccupations of the phenomenological tradition. While using Heidegger’s Being and Time as its permanent point of reference and dispute, this collection also confronts other important philosophers, such as Kant, Nietzsche, and Derrida. The projects of these pivotal thinkers of finitude are relentlessly pushed to their extreme, with respect both to their unexpected horizons and to their as yet unexplored analytical potential. A Finite Thinking shows that, paradoxically, where the thought of finitude comes into its own it frees itself, not only to reaffirm a certain transformed and transformative presence, but also for a non-religious reconsideration and reaffirmation of certain theologemes, as well as of the body, heart, and love. This book shows the literary dimension of philosophical discourse, providing important enabling ideas for scholars of literature, cultural theory, and philosophy.

On The Limits Of Constitutional Adjudication

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Author : Juliano Zaiden Benvindo
language : en
Publisher: Springer
Release Date : 2014-10-07

On The Limits Of Constitutional Adjudication written by Juliano Zaiden Benvindo and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-07 with Philosophy categories.

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.

The Spirit Of Laws

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Author : Charles de Secondat baron de Montesquieu
language : en
Publisher:
Release Date : 1886

The Spirit Of Laws written by Charles de Secondat baron de Montesquieu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1886 with Jurisprudence categories.

Bringing In The People

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Author : Markku Suksi
language : en
Publisher: BRILL
Release Date : 2024-02-26

Bringing In The People written by Markku Suksi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-26 with Law categories.

The referendum is not a monolithic method of national decision making. There are a multitude of referendum forms which exist under varying constitutional conditions and operate in different ways. A global comparison shows that more than half the constitutions of the world provide for the referendum at a national level, but referendums are also carried out without explicit constitutional support. Two main forms of referendum can be observed, the mandatory constitutional referendum and the policy vote. This book argues that the referendum does not undermine representative decision making, but supplements it in various ways: the referendum is not diametrically opposed to representative government, and when properly designed and used, the institution of the referendum can enhance the legitimacy of a constitutional and political system. This book is the first comprehensive constitutional and comparative analysis of the referendum. It offers illuminating and intriguing reading for all those interested in national decision making.

Freedom S Law

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Author : Ronald Dworkin
language : en
Publisher: OUP Oxford
Release Date : 1999

Freedom S Law written by Ronald Dworkin and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.

Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

Brazil Under Vargas

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Author : Karl 1891-1973 Loewenstein
language : en
Publisher: Hassell Street Press
Release Date : 2021-09-09

Brazil Under Vargas written by Karl 1891-1973 Loewenstein and has been published by Hassell Street Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-09 with categories.

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Constructive Rationalism

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Author :
language : en
Publisher:
Release Date : 1876

Constructive Rationalism written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1876 with Rationalism categories.